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Samuel Miki Waweru v. Jane Njeri Richu

(2004) JELR 94847 (CA)

Court of Appeal  •  Civil Appeal 122 of 2001  •  10 Mar 2004  •  Kenya

Coram
Philip Kiptoo Tunoi

Judgement

IN THE COURT OF APPEAL

AT NAIROBI

CORAM: TUNOI, J.A (IN CHAMBERS)

CIVIL APPEAL NO. 122 OF 2001

BETWEEN

SAMUEL MIKI WAWERU .............................................................APPELLANT

AND

JANE NJERI RICHU .................................................................RESPONDENT

RULING

Having heard the submissions of Mr. Khawaja in support of the application and those of Mrs. Wanyaga in opposition thereto, I am satisfied that I should grant the prayers sought in the Motion dated 1st October, 2003, and I do so. The costs occasioned by the application shall be in the appeal.

Rule 85 (2A) does not prohibit the inclusion of an amended memorandum of appeal in a supplementary record of appeal under rule 89(3). See Malindi Air Services Limited v. CMC Aviation Limited Civil Appeal No. 105 of 1999 (Mombasa) (unreported).

Furthermore, a memorandum of appeal is not a primary document and subject to the interests of justice, is always amenable to amendment. See Uhuru Highway Development Limit…

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