SAMUEL MIKI WAWERU V. JANE NJERI RICHU

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 Limited v. Central Bank of Kenya (2002) 1 A E A 314 (unreported).

Dated and delivered at Nairobi this 10th day of March, 2004.

P.K. TUNOI

..................

JUDGE OF APPEAL

I certify that this is a true copy

of the original.

DEPUTY REGISTRAR