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…This default is also admitted by the appellant in his replying affidavit although he says that he has put the matter right by filing a supplementary record of appeal containing those documents.…

…There is no doubt that the documents left out are primary documents which cannot be introduced by way of a supplementary record of appeal. There are numerous decisions of this Court to that effect.…

…The court acceded to the applicant's counsel's informal application for leave to bring on record the order extending time and granted leave to file a supplementary record of appeal to cure the defect.…

…That supplementary record of appeal was filed on, I am told by both counsel, 24th July, 1997.…

…Khaminwa applied to the Court for adjournment to enable him to obtain these exhibits from his clients and then file the supplementary record. Although Mr.…

…Supplementary record if any, be filed within 45 days from to-day. 4. The said costs to be paid within 14 days from to-day failing which execution to issue. 5.…

…It is well settled that the omission of a basic document in the record cannot be cured by the filing of a supplementary record – see the passage from Law Ag V-P’s judgment in the decision of this court’s predecessor in Kiboro…

…v Posts and Telecommunications Corporation [1974] EA at p 156, because to do so would involve the proposition that a supplementary record can contain not only further or additional documents which the appellant considers…

…It is well settled that the omission of a basic document in the record cannot be cured by the filing of a supplementary record – see the passage from Law Ag V-P’s judgment in the decision of this court’s predecessor in Kiboro…

…v Posts and Telecommunications Corporation [1974] EA at p 156, because to do so would involve the proposition that a supplementary record can contain not only further or additional documents which the appellant considers…

…Another reason was that a supplementary record of appeal had also been filed without leave.…

…They cannot now be brought on record by way of a supplementary record. Rule 85 (2A) does not permit it. The appeal is therefore incompetent and it is hereby struck out with no order as to costs.…

…The previous proceedings before this court concerned two preliminary objections taken by Mr Khanna, who appears for the respondent, Adijah, of which the first related to the proposed addition of a new party (by way of a supplementary…

…record), on Mrs Hiraben Jirji Chelabhai Gokani, on the grounds of her alleged half share in one of the properties concerned.…