1 This ruling is in respect of a Notice of Motion Application dated 17th December 2024, by the Appellant for leave to further amend the Amended Memorandum of Appeal herein.
2 The Application is premised on the following prime grounds:
I. The amendment seeks to introduce an issue of jurisdiction, specifically, whether the Trial Magistrate had jurisdiction to entertain a work injury claim.
II. Determination of the issue shall be of great public importance.
III. The further amendment will ensure that all relevant issues are placed before the Court and conclusively determined.
3 The Respondents have not opposed the application by either filing a replying affidavit [s] or grounds of opposition.
4 Considering that the application isn’t opposed, the jurisdictional ground that the Applicant wants to include in his memorandum of appeal, and that I see no prejudice that the Respondents shall suffer if the orders sought are granted, I have no compelling reason to disallow the Applicant’s instant application. I hereby allow the same.
5 The Appellant /Applicant is granted leave to file and serve an amended memorandum of appeal within 14 days of today.
6 Orders accordingly.
Read, signed and delivered virtually in Malindi this 30th day of April, 2025.