MR. & MRS. DOROTHY S. ANDREAS V. MICHAEL KIVAI

R U L I N G

In the course of hearing this application brought under rule 4 of the Rules of this Court, I granted Mr. Kasyoka, counsel for the respondents, leave to make his objection in respect of certain documents contained in the record of Notice of motion, with a view to having the same struck out before the substantive hearing of the application.

The documents he wished struck out are copies of letters exchanged between Mr. Owuor, counsel for the applicant, and one Mr. Ngombo, former counsel for the applicant. They are annextures to a further affidavit of Mr. Owuor sworn on 13th day of July, 1999 and marked Exh. MO2, MO3, typed as MO 3A. Mr. Kasyoka's objection is based on two grounds. Firstly that the letters were written subsequent to the ruling subject matter of this application and secondly that they offend rule 85(j) of the Rules of this Court. They are not documents that are required to be contained in the record.

Mr. Owuor on his part contends that rule 85(j) of this Court onl…