In this notice of motion, the applicant seeks to move the
Court under rules 48(1) and (2), 49(1), 50(1), 30(1) and 111 of the Court of
Appeal Rules, 2009 (the Rules), to grant leave to amend the record of appeal in
Civil Appeal No. 44 of 2013. The notice of motion is supported by an affidavit
sworn by advocate for the applicant. At the hearing of the application the
Respondent did not enter appearance though he was duly served. However, before
the applicant’s advocate rested his case, the Court wished to know from him if
the present application was brought under the proper provisions of the law
bearing in mind that the amendment sought is to include the missing documents
in the record of appeal. The Court, in particular, raised to his attention the
prevalence of rule 96(6) of the Rules and asked him to address the Court on the
competence of his application before the Court.