The applicant moved this court under section 42 of Land Disputes Courts Act [Cap 216 R.E. 2002] and section 35 of Evidence Act [Cap 6 R.E. 2002] praying to be heard on the following: that the Court be pleased to take additional evidence. The application was taken at the instance of Nyaronyo & Company, Advocates, and was supported by an affidavit affirmed by the applicant. The Respondent filed a counter affidavit contesting the application. He also raised a preliminary objection containing the ground that the entire application is defective for having been drawn by an unauthorized entity.