The Respondent successfully sued the Appellants in the High Court with regard to pieces of land. The Appellants were dissatisfied and decided to appeal to the Court of Appeal. Their counsel lodged the record of appeal on 1st February, 2007 but without properly dated decree. Realising this defect, he subsequently wrote a letter to the Registrar praying to be issued with a properly dated decree. When he obtained it, he filed what he called a “supplementary record of appeal” which included the properly dated decree. An objection was taken by the Respondent’s counsel to the effect that the appeal was incompetent because the decree, the subject of the appeal, was invalid despite efforts taken by the Appellants’ counsel for there was no right to file supplementary record of appeal. The crucial question that had to be resolved by the court was whether the supplementary record of appeal validated the already defective record of appeal. In answering this question, the Court had to interpret the provisions of rules 89 and 92 of the Court of Appeal Rules, 1979.

