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Judgment No. SC 37/18
Civil Appeal No. SC 433/16
whilst others, though listed as separate grounds, duplicated issues already raised in other
grounds. Mr Uriri accepted that although the grounds are not very clear, one can discern from
ground 1 and 2 what the appellant seeks to impugn. In response, Mr Fitches accepted that
some of the grounds merely repeated what had been raised in earlier grounds. He was content
to abandon the rest of the grounds and rely on grounds 1 and 2 only. This appeal will therefore
be confined to those two grounds.
[23] It is necessary, however, to re-state the need for grounds of appeal to be clear and concise.
In the absence of such clarity, grounds of appeal that are vague and lack conciseness stand to
be struck out. Grounds 3 to 7 clearly do not comply with the requirement that grounds of
appeal must be concise.
They are in any event argumentative and repetitive.
In the
circumstances, those grounds are struck out. The remaining two grounds deal with the issue
firstly, whether there was need, before the application for variation was filed, for the rescission
of the consent paper and, secondly, whether the court a quo was correct in finding that no good
cause for a variation had been shown.
WHETHER THERE WAS NEED TO VARY THE CONSENT PAPER
[24]
The respondent argued that since the parties had voluntarily agreed to the issues of
maintenance by way of a consent paper, the court could not rewrite the agreement for the parties
by allowing the appellant an upward variation of the maintenance amount stated therein. It
was argued that, in these circumstances, the appellant should have sought rescission or
withdrawal of the consent paper and that good cause for such rescission had to be shown. In