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…The appeal is against the judgment entered on 9th August, 1983, in terms of the award, on the grounds set out in the memorandum of appeal.…

…It would therefore be unreasonable to expect the elders to have confined themselves to what is described in the memorandum of appeal, as issues raised in the pleadings.…

…of appeal and which overlaps each other in several respects.…

…It is suggested in ground 5 of the existing memorandum of appeal that the learned judge drew many wrong inferences from the facts in this respect.…

…prosecuted on the grounds that he was not served with Notice of Appeal within time which was file on 14th May, 1982 and should have been served within 7 days (rule 76 (1); secondly, the respondent was also not served with the Memorandum…

…of Appeal and the record of Appeal within seven days after lodging it on 14th July, 1982 (rule 87 (1).…

…Considering the filing of an amended Memorandum of Appeal, according to 0.41 r.1B, a party may amend the Memorandum of Appeal at any time without the leave of court before the court gives directions under 0.41 r.8B - i.e.…

…In that case the draft of the intended amended Memorandum of Appeal is deemed filed and served without necessarily seeking this court's leave.…

…The appellant’s Memorandum of Appeal to this Court was filed in its Nakuru sub-registry on January 23rd 1984, (almost another two months lost there) and we are now hearing this appeal 6 months later.…

…The appellant’s Memorandum of Appeal does not limit itself to those two grounds, namely that the conviction is against the weight of the evidence or that the sentence is excessive.…

…This point, however has not been taken in the appellant’s memorandum of appeal, neither, in our view, could it be, as it did not form part of the prosecution case but was volunteered from the dock by the appellant.…

…Mr Azangalala also alleged in his memorandum of appeal that the magistrate had misdirected himself as regards the burden of proof and had failed specifically to state that he found the charge proved against the appellant…

…This appeal arose from that decision and was filed in court on 5th September, 2000, in a memorandum of appeal which listed 10 grounds of appeal.…

…According to the memorandum of appeal; the Magistrate ignored the appellant’s defence, evidence and the submissions; that she did not consider all the evidence and that she failed to apply correct legal principles in determining…

…Gatonye filed a petition (he called it a memorandum!)…

…of appeal with five grounds: that the plea was not unequivocal because the facts reproduced did not disclose an offence that the date of the offence in the charge sheet differed with that in the P3 form.…

…In his memorandum of appeal, the appellant invites us to reverse the judgment and award him damages on the various heads claimed in the plaint. We are satisfied those claims were based on a mistaken view of the law.…

…The appellant’s first memorandum of appeal contained eleven grounds.…

…On his second appeal to this Court, the appellant exhibited a curious reticence in lodging his memorandum of appeal, and over a year’s delay in the hearing was caused by an alleged hiatus between himself and his advocates…

…The appellant’s first memorandum of appeal contained eleven grounds.…

…On his second appeal to this Court, the appellant exhibited a curious reticence in lodging his memorandum of appeal, and over a year’s delay in the hearing was caused by an alleged hiatus between himself and his advocates…

…Notwithstanding the number of grounds of appeal stated in the memorandum of appeal, the main complaint by the appellant before us was that the learned Judge erred in law and in fact in holding that the defendant had proved…

…After the submissions were filed, the judges wrote and delivered the following judgment on 7th August, 2001:- “We have duly perused the memorandum of appeal, the record of appeal and these we have fully considered in the…

…He argued grounds 1,2 and 3 of Memorandum of Appeal together stating that under the Sale Agreement time was of the essence.…

…On grounds 7 to 11 of the Memorandum of Appeal, Mr Gatonye submitted that the trial judge misdirected himself firstly by considering the issue of vacant possession when it was not pleaded or one of the agreed issues.…

…The appellant's advocate stated Olaga went for the appellant with the mattock first and the appellant repeats this in his memorandum of appeal. Otherwise the facts were agreed.…

…Mr Pandya contends that even if damages were to be awarded, this factor had to be taken into account and this latter contention must be the basis of ground 2 in the memorandum of appeal which complains that the Shs 100,000…

…Were the damages awarded excessive as claimed in ground two of the memorandum of appeal?…

…It was this payment in the charge sheet which gave rise to the first ground in the memorandum of appeal to this court and formed the main basis of the submissions of Mr Otumba on behalf of the appellant.…

…As we explained to Mr Otumba, we have no jurisdiction to entertain ground 3 of the memorandum of appeal, which was against the sentence.…

…In a lengthy memorandum of appeal, the appellant submits that common intention was not established, that the learned magistrate acted on hearsay evidence of a single witness, that there ought to have been 30 rounds of ammunition…

…He has listed 4 grounds in his Memorandum of Appeal namely:- 1. That the trial Magistrate erred in both law and fact by convicting him on a single evidence without any corroboration. 2.…