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BULKACHUWA, JCA (Delivering the Leading Ruling): By an application filed on the 11th December, 2002 the applicant/1st respondent prayed for the following reliefs:
(1) An order granting a departure from the rules of court so that the appeal can be heard on the bundle of documents attached thereto and marked exhibit FC1.
(2) An order deeming as properly filed and served, the record of appeal attached herewith and marked exhibit FC1.
(3) An order granting leave and amending the notice of appeal, the respondents notice and all other processes in this appeal as follows:
i) By deleting the name Mr. Johnson Hez (as he is neither an appellant nor an interested party in this appeal.)
ii) By adding under the 1st appellant’s appellation the words ‘(a.k.a. Valentine Ngama)’- (who had been later identified and by his own admission as the occupier and adjudged trespasser of the subject-matter of this appeal)
(4) An order directing the registry of this honourable court to reflect the said amendment as …