The Applicant filed an application to the Court of Appeal
seeking extension of time within which to file an amended decree and
subsequently for leave to either amend the record of appeal or to file fresh
record of appeal. Prior to this application, the applicant was aggrieved by the
decision of the High Court delivered in favour of the Respondent in Civil Case
No. 101 of 2005. The applicant decided to file a notice of appeal to challenge
the High Court decision which commenced Civil Appeal No. 97 of 2007. Before the
date set for hearing, the Respondent filed a preliminary objection against the
competency of the appeal as the record of appeal contained a decree that did
not represent correctly the judgment as pronounced. The Court of Appeal upheld
the preliminary objection and ordered the defective decree be amended to comply
with section 101(3) read together with Order XX rule 6(1) of the CPC.
Consequently, this application was filed seeking extension of time to file the
amended decree.