Case Metadata |
|
| Case Number: | Civil Misc Appl 58 Of 2000 |
|---|---|
| Parties: | Dr. Maddineni Subba Rao v S. A. Azubedi,J. G. Kagucia,Jackton Marachi & G. N. Ombongi |
| Date Delivered: | 26 Sep 2000 |
| Case Class: | Civil |
| Court: | Court of Appeal at Nakuru |
| Case Action: | Ruling |
| Judge(s): | Abdulrasul Ahmed Lakha |
| Citation: | DR. Maddineni Subba Rao v S. A. Azubedi,J. G. Kagucia,Jackton Marachi & G. N. Ombong I[2000] eKLR |
| Case History: | Application to amend the record of appeal in an Appeal from the Ruling and Order of the High Court of Kenya at Nakuru (Commissioner of Assize Mrs. Rawal) dated 17th August, 1999 in H.C.C.C. NO. 383 OF 1998) |
| Court Division: | Civil |
| County: | Nakuru |
| Case Outcome: | Allowed |
| Disclaimer: | The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information |
IN THE COURT OF APPEAL
DR. MADDINENI SUBBA RAO ...................APPLICANT
(Application to amend the record of appeal in an Appeal
AT NAKURU
(CORAM: LAKHA, J.A. (IN CHAMBERS)
CIVIL APPLICATION NO. NAI. 58 OF 2000
BETWEEN
AND
1. S. A. AZUBEDI
2. J. G. KAGUCIA
3. JACKTON MARACHI
4. G. N. OMBONGI .............................RESPONDENTS
from the Ruling and Order of the High Court of Kenya
at Nakuru (Commissioner of Assize Mrs. Rawal) dated
17th August, 1999
in
H.C.C.C. NO. 383 OF 1998)
**********
R U L I N G
This is an application for amendment of the record of appeal under rule 44 of the Rules of this Court. The amendment is to amend the title to the suit, the Certificate and Index all of which refer in their heading to the superior court instead of this Court. The application is opposed by the respondents. It is said that an index is a primary document although no authority is cited in support of the proposition.
Upon a careful considerarion of the matter I am satisfied that an index is not a primary document. It does not relate to jurisdiction substance of the appeal. The respondents were not shown to be prejudiced by the proposed amendment. If anything, it is in the interest of just that it shall be allowed I hereby do. Costs of the application shall be borne by the applicant.
Dated and delivered at Nakuru 26th day of September, 2000.
A. A. LAKHA
..................
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR.
Please Wait. Searching ...