REPUBLIC OF KENYA
IN THE COURT OF APPEAL OF KENYA
AT MOMBASA
CIVIL APPEAL NO 49 OF 2006
Hassan v. Githaiga and 2 others
Court of Appeal, at Mombasa July 21, 2006 Tunoi, Githinji and Waki JJ A Civil Appeal No 49 of 2006 (Appeal from judgment and decree of the High Court of Kenya at Mombasa (Khaminwa J) dated 10/2/2006 in High Court Election Petition No 6 of 2003) Election Petitions-record of appeal- where a primary document was omitted from the Record of Appeal- whether there was a primary document and whether its omission could render the appeal incompetent.
Counsel for the appellant applied for the adjournment of the appeal respondent omitted from the record of appeal was part of the evidence could be introduced in the record of appeal by a supplementary record. Counsel for the respondents opposed the application for adjournment. It respondent had been document. He argued further that even if the hearing of the appeal is adjourned, the Appellate Court could not cure a nullity.
Held: of appe…