1.This is a ruling on the motion dated 3/10/2023 filed on 4/10/23 by Lucy Wangari Mwangi & Co. on behalf of the 1st defendant. The application seeks orders that:1.……..Spent.2.The application arises from the ruling of this court that made a finding that it is not satisfied that the proposed amendments would facilitate the determination of the real questions in controversy in the suit.3.The application is unopposed. The applicant has undertaken to prosecute the appeal expeditiously and update this court on the progress thereof.4.I have considered that it is the inalienable right of a party to challenge any order from which an appeal is provided for and with which they may be dissatisfied with by way of an appeal. I note that a notice of appeal has been filed in this case and I am satisfied that for the purposes of the instant application an appeal is deemed to be have been lodged. If more proceedings are undertaken in this matter there may be a risk that judicial time may be wasted in the event the appeal is prosecuted and it is allowed.5.Consequently, I allow the application dated 3/10/2023 on condition that the record of appeal shall be filed and served within 45 days from the date of this order in default of which the orders herein shall lapse and normal proceedings herein shall resume.