RULING OF THE COURT
James Njogu Kagunda, the Applicant herein, has a lodged Notice of Motion application in this Court dated 8th April 2024, in which he seeks leave to amend the Notice of Appeal dated 1st March 2022 lodged in Thika ELC Appeal No. 38 of 2018 and transmitted to this Court. The application is supported by an affidavit sworn on even date by the Applicant. The brief facts giving rise to the application are as follows. After judgment was given in the Applicant’s favour on 13th December 2018 in Thika CMCC No. 1008 of 2009 - James Njogu Kagunda vs Peter Njuguna Kariuki against Peter Njuguna Kariuki, the Respondent herein, the said Respondent lodged an appeal against the judgment in the Environment and Land Court at Thika (hereinafter “ELC”), being ELC Appeal No. 38 of 2018 - Peter Njuguna Kariuki vs James Njogu Kagunda. The said appeal was subsequently upheld in a judgment delivered on 8th April 2021 by Gacheru J.
The Applicant’s advocate was not able to attend Court…