RULING
This is an application under rule 44 of the Court of Appeal Rules for leave to amend the record of appeal by joining one Njiriri Ndung'u as a second respondent in the appeal. The reason for this is apparently that Stephen Ndungu Njenga, the respondent in the appeal, has since the institution of the appeal transferred the suit premises to Njiriri Ndungu. The application has not been served on Njiriri Ndungu and so he has not been afforded an opportunity of being heard. But that is neither here nor there.
As Mrs. Muhuhu, for the respondent, correctly pointed out, Njiriri Ndungu is really a party directly affected by the appeal within the meaning of rule 76(1) of the Court of Appeal Rules, and all that is required to be done is to seek leave to serve him with both the notice and record of appeal, so that he is aware of the proceedings. There is no need to force him to take part in the proceedings by making him a respondent.
The requirement for service puts him on notice, so that if a…