RULING
1. Before me is the notice of motion dated 19th July 2023 wherein the applicant seeks leave to amend the memorandum of appeal dated 31st March 2022 in respect of Nairobi Civil Appeal No. E218 of 2022. The grounds in support of the application which are elucidated further in the supporting affidavit sworn by Paul Maingi Musyimi are to the effect:
a) The Memorandum of Appeal as filed is bereft of a fundamental ground regarding the jurisdiction of the superior Court in pronouncing itself on an issue statutorily reserved for the Land and Environment Court under the Land and Environment Court Act (2011) and Article 162 (2)(b) of the Constitution.
b) The Applicant changed advocates on 27th June 2023 and her erstwhile Advocates omitted and/or overlooked the said fundamental ground on jurisdiction.
c) The said omission will deny the Honourable court the opportunity to pronounce itself on the unpleaded issue, thereby prejudicing the Applicant.
d) The Applicant has already fil…