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SALTEC INTERNATIONAL LIMITED & SALT MANUFACTURERS (K) LTD V. INDUSTRIAL DEVELOPMENT BANK LTD, INDUSTRIAL & COMMERCIAL DEVELOPMENT CORPORATION & MINORITY SHAREHOLDERS [2001] EKLR

(2001) JELR 96049 (CA)

Court of Appeal  •  Civil Application 288 of 97  •  19 Jan 2001  •  Kenya

Coram
Riaga Samuel Cornelius Omolo

Judgement

R U L I N G

Mr Lila Vadgama for the appellant, by his notice of motion dated and lodged in this Court on 29th March, 2000 has made a simple prayer to the court, namely that: "Leave for filing the Supplementary Record of Appeal be and is hereby granted AND that the Supplementary Record be filed with the Registry within seven days."

The motion is said to have been brought under Rules 4, 85 (2A) as amended, 89 (3)"And all enabling appellate Rules."

There is of course nothing odd or remarkable in a party to an appeal asking for leave to file a supplementary record of appeal; such applications are common-place. What is odd or remarkable in the appellant's current application is the nature of the documents the appellant wishes to put in through the supplementary record of appeal. Those documents were never part of the record of the superior court.

The documents consist of a letter written by Mr Vadgama to the Deputy Registrar long after the proceedings in the superior court had come to an end a…

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