'1. Under order 42 Rule 1 (c) of the Civil Procedure Rules, every appeal to this Honourable Court shall be in the form of a memorandum of appeal signed in the same manner as a pleading. The rule reads as follows:
1. Form of appeal [Order 42, rule 1]
(1) Every appeal to the High Court shall be in the form of a memorandum of appeal signed in the same manner as a pleading.
2. According to order 42 (2), it is in the memorandum of appeal that the grounds against the decree or order appealed from are set forth. This particular rule reads as follows:
(2) The memorandum of appeal shall set forth concisely and under distinct heads the grounds of objection to the decree or order appealed against, without any argument or narrative, and such grounds shall be numbered consecutively.
3. Furthermore, and perhaps for emphasis on the need to have a memorandum of appeal, Order 42 rule 13 (4) of the Civil Procedure Rules, stresses that although a judge may dispense with any document as part of the documents in the record of appeal, he cannot dispense with a memorandum of appeal. The rule reads as follows:
13. (4) Before allowing the appeal to go for hearing the judge shall be satisfied that the following documents are on the court record, and that such of them as are not in the possession of either party have been served on that party, that is to say—
(a)the memorandum of appeal;
(b)the pleadings;
(c)the notes of the trial magistrate made at the hearing;
(d)the transcript of any official shorthand, typist notes electronic recording or palantypist notes made at the hearing;
(e)all affidavits, maps and other documents whatsoever put in evidence before the magistrate;
(f) the judgment, order or decree appealed from, and, where appropriate, the order (if any) giving leave to appeal:
Provided that—
(i) a translation into English shall be provided of any document not in that language;
(ii)the judge may dispense with the production of any document or part of a document which is not relevant, other than those specified in paragraphs (a), (b) and (f). (Emphasis added)
4. In the record before the court, there is no memorandum of appeal. In effect, there is no appeal nor grounds thereof. The purported appeal deserves no more attention except to strike it out. It is hereby struck out with costs to the respondent. Orders accordingly.
Signed, dated and delivered on 15 August 2025
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1. Form of appeal [Order 42, rule 1]
(1) Every appeal to the High Court shall be in the form of a memorandum of appeal signed in the same manner as a pleading.
2. According to order 42 (2), it is in the memorandum of appeal that the grounds against the decree or order appealed from are set forth. This particular rule reads as follows:
(2) The memorandum of appeal shall set forth concisely and under distinct heads the grounds of objection to the decree or order appealed against, without any argument or narrative, and such grounds shall be numbered consecutively.
3. Furthermore, and perhaps for emphasis on the need to have a memorandum of appeal, Order 42 rule 13 (4) of the Civil Procedure Rules, stresses that although a judge may dispense with any document as part of the documents in the record of appeal, he cannot dispense with a memorandum of appeal. The rule reads as follows:
13. (4) Before allowing the appeal to go for hearing the judge shall be satisfied that the following documents are on the court record, and that such of them as are not in the possession of either party have been served on that party, that is to say—
(a)the memorandum of appeal;
(b)the pleadings;
(c)the notes of the trial magistrate made at the hearing;
(d)the transcript of any official shorthand, typist notes electronic recording or palantypist notes made at the hearing;
(e)all affidavits, maps and other documents whatsoever put in evidence before the magistrate;
(f) the judgment, order or decree appealed from, and, where appropriate, the order (if any) giving leave to appeal:
Provided that—
(i) a translation into English shall be provided of any document not in that language;
(ii)the judge may dispense with the production of any document or part of a document which is not relevant, other than those specified in paragraphs (a), (b) and (f). (Emphasis added)
4. In the record before the court, there is no memorandum of appeal. In effect, there is no appeal nor grounds thereof. The purported appeal deserves no more attention except to strike it out. It is hereby struck out with costs to the respondent. Orders accordingly.
Signed, dated and delivered on 15 August 2025
'