SHAKHALAGA K JIRONGO V. TRUST BANK LIMITED

R U L I N G:

Under rule 85(2A) of the Court of Appeal Rules, hereinafter called the Rules, the notice of appeal is not one of the documents that can be included in the record of appeal in an supplementary record of appeal filed under rule 89(3) of the Rules. Hence, an amendment to the notice of appeal would be against the provisions of rule 85(2A) of the Rules. Foreseeing this hurdle, the applicant sought to amend his original notice of motion to include an alternative prayer to prayer one in the said notice of motion which alternative prayer was to the effect that this court "be pleased to extend time for filing and serving a notice of appeal." Prayer one of the applicant's notice of motion read as follows:

"1.THAT the Notice of Appeal dated 24th of July, 2000 and lodged in this Court on 25th July, 2000 be amended to indicate the date of the ruling as 18th July, 2000 rather than 25th July, 2000 and the time for its filing and service be extended by this honourable court."

Counsel for th…