Case law
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Division and case type: CivilCivil Appeal
…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.…
Division and case type: Milimani Commercial CourtsCivil Appeal
…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…
Division and case type: CivilCivil Appeal
…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…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Appeal
…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…
Division and case type: CivilCivil Appeal
…In ground one of the Memorandum of Appeal, the appellant complained that the learned judge erred in failing to exercise his discretion in the appellant’s favour.…
…Ground 1 of the Memorandum of Appeal fails.…
Division and case type: CivilCivil Appeal
…It is the above findings that have prompted this appeal.…
…The memorandum of appeal contains five grounds of appeal and in summary this court is required to determine: (1) What was, on the evidence before the trial court, the proper law of the contract between the parties?…
Division and case type: CivilCivil Appeal
…The award made thereunder forms the substance of complaint in grounds 2 and 3 of the memorandum of appeal. The deceased was 75 years old when the accident occurred.…
Division and case type: CivilCivil Appeal
…The memorandum of appeal contains 14 grounds of appeal but looking at them closely the appellant's complaints relate to: (1) The sum of shs.1,080,000/- awarded as general damages for loss of business. (2) Shs.60,000/- for…
Division and case type: CivilCivil Appeal
…It is an application by Kaplan & Stratton, Advocates, for extension of time for lodging a Notice of Appeal and Memorandum and Record of Appeal.…
…The present application by way of a Notice of Motion was filed by the applicant on 25th April, 2000 seeking extension of time for lodging a fresh Notice of Appeal and Memorandum and Record of Appeal (substantive application…
Division and case type: CivilCivil Appeal
…Ibrahim quite properly conceded this issue before us as a result of which concession he abandoned grounds 1, 2, 3 and 4 of his Memorandum of Appeal.…
Division and case type: CivilCivil Appeal
…In ground 2 of the memorandum of appeal he says; “The learned trial judge erred and misdirected himself on the principles applicable in considering the award of damage in a case like the present one.”…
Division and case type: CivilCivil Appeal
…Although the memorandum of appeal contains six grounds, Mr Khaminwa compressed them into one short point when arguing the appeal, namely whether the corporation should have acted under section 10 (which he conceded the corporation…
Division and case type: CivilCivil Appeal
…The learned judge’s reasons would appear to be set out in the last paragraph of his judgment, which is as follows: “The memorandum of appeal attacked the learned trial magistrate’s decisions outlined above.…
…The appellant’s advocate served the memorandum of appeal on the advocates for the respondent and set out their correct address on it.…
Division and case type: CivilCivil Appeal
…The administrators of the deceased's estate were aggrieved and hence the appeal. The memorandum of appeal has seven grounds, but at the hearing of the appeal Mr Owio Okeyo for the appellant abandoned the last two.…
Division and case type: CivilCivil Appeal
…The administrators of the deceased's estate were aggrieved and hence the appeal. The memorandum of appeal has seven grounds, but at the hearing of the appeal Mr Owio Okeyo for the appellant abandoned the last two.…
Division and case type: CivilCivil Appeal
…The administrators of the deceased's estate were aggrieved and hence the appeal. The memorandum of appeal has seven grounds, but at the hearing of the appeal Mr Owio Okeyo for the appellant abandoned the last two.…
Division and case type: CivilCivil Appeal
…It is worth noting that these arguments cannot be said to arise directly from the grounds of appeal contained in the appellants’ memorandum of appeal.…
Division and case type: CivilCivil Appeal
…Although some of the grounds in the memorandum of appeal suggest that the quantum of the award was to be challenged before us, no complaint on the quantum of damages was addressed to us.…
Division and case type: CivilCivil Appeal
…The Memorandum of appeal filed on May 16, 1980 by M'Mukanya and Nyamu's first advocates had just one (prolix) ground: "The learned judge erred in law failing to appreciate and in misdirecting himself on the legal ingredients…