so because even the appellant court is bound by the record of appeal.
In the instant appeal, I believe that had the criminal charge been
included in the record, the court would have been in a much better
position to appreciate the relevancy or materiality of the ~uestion
posed to PWl in his re-examination .
In accordance with the rules of this court, the appellaht's counsel
prepared the appellant's brief of argument dated 23/10/13 and filed on
the 25/10/13 . In response, counsel to the respondent filed the
respondent's brief dated 4/3/14 and filed on the same date after
obtaining leave for extension of time within which to file the
respondent's brief vide a motion No/ A/304m/2014 dated 4/3/14 and
filed on the same date .
The appellant's counsel distilled only one issue for determination, to
wit :
"whether the trial chief magistrate court was right in upholding
the submission of the defence counsel and ruled that PWl should
not answer a question put to him in re -examination which was
aimed at resolving a contradiction elicited during his cross
examination ."
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In reaction, the counsel to the respondent posed the following question
for determinat ion of this appeal
" Whether the trial magistrate erred in law when she upheld the
submissions of th e defence counsel and disallowed the question
put by the prosecuting counsel to PWl in re-examination on the
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