5th May, 2010
EAST AFRICAN COMMUNITY GAZETTE
33
(c)
the pleadings;
(d)
the affidavits read and all documents put in evidence at the hearing, or, if such documents are
not in the English language, their certified translations;
(e)
the judgment or reasoned order;
(f)
the decree or order ;
(g)
the notice of appeal;
(h)
the record of proceedings;
(i)
such other documents; if any, as may be necessary for the proper determination of the appeal,
including any interlocutory proceedings which may be directly relevant, save that the copies
referred to in paragraphs, (c) and (d) shall exclude copies of any documents or any of their
parts that are not relevant to the matters in controversy on the appeal.
(2)
The documents mentioned in sub-rule (1) shall be bound in the order in which they are specified in
that sub-rule. Documents produced in evidence shall be put in order of the dates they bear or, where
they are undated, the dates when they are believed to have been made, without regard to the order
in which they were produced in evidence; but an affidavit filed in support of a notice of motion shall
be bound immediately following summons or notice, as the case may be.
(3)
Each copy of the record of appeal shall be certified to be correct by the appellant or by any person
entitled under Rule 17 to appear on his behalf.
Rule 89: Service of memorandum and record of appeal
(1)
The appellant shall, within seven (7) days after lodging the memorandum of appeal and the record
of appeal in the appropriate registry, serve copies of them on each respondent who has complied
with the requirements of Rule 80.
(2)
The appellant shall also serve copies of the memorandum of appeal and the record of appeal on such
other parties to the original proceedings as the Court may at any time on application or of its own
motion direct and within such time as the Court may prescribe.
Rule 90: Supplementary record
(1)
If a respondent is of opinion that the record of appeal is defective or insufficient for the purposes of
his case, he may lodge in the registry four (4) copies of a supplementary record of appeal containing
copies of any further documents or any additional parts of documents which are, in his opinion,
required for the proper determination of the appeal.
(2)
The respondent shall as soon as practicable after lodging a supplementary record of appeal, serve
copies of it on the appellant and on each other respondent who has complied with the requirements
of Rule 80.
(3)
An appellant may at any time lodge in the registry four (4) copies of a supplementary record of
appeal and shall as soon as practicable after doing so serve copies of it on every respondent who
has complied with the requirement of Rule 80.