FRED C. FEDHA & PETER W. FEDHA (BEING THE PERSONAL REPRESENTATIVE OF THE ESTATE OF EDWIN WASHIKO FEDHA V. EDWINE E. ASAVA MAJANI

RULING OF THE COURT

The respondent has moved this Court under rules 80 and 82 of this Court’s Rules, seeking an order that the supplementary record filed on 6^th March, 2009, on the only ground that the respondent has filed a whole record of appeal instead of only parts of the record. The respondent was granted leave on 25^th February, 2009 to file a supplementary record because the record of appeal had some pages which were not easily legible. The respondent in his counsel’s judgment decided to include virtually all documents in the record of appeal in the supplementary record. Mr. Keyonzo for the applicant has submitted that by including all the documents in the record of appeal, in a supplementary record of appeal, the respondent did not comply with the court order aforesaid.

We have considered the application and in view of the provisions of section 3A of the Appellate Jurisdiction Act we consider that this motion is without merit. The supplementary record of appeal though bulky does…