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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.…

…The Appellants also seek leave to amend their memorandum of appeal dated 10.7.25 in terms of the draft amended memorandum of appeal. 2.…

…The Appellants urged that there is need to amend the memorandum of appeal before the filing of submissions.…

…of Appeal. 2) THAT upon leave being granted, the attached amended memorandum of Appeal be deemed to be duly filed. 3) Costs of the Application be provided for. 2.…

…The grounds are set out in the draft amended Memorandum of Appeal. 4. The Respondents oppose the application on the basis that the memorandum of appeal was never served.…

…For lack of service of the memorandum of appeal and record of appeal on the Respondent. 3.…

…The Appellant has never served the memorandum of appeal and Record of Appeal on the Respondent, almost a year after filing the Memorandum of Appeal. 4.…

…1.The Applicant’s Notice of Motion is dated 18th February 2025 and is seeking orders to amend the Memorandum of Appeal filed and that the annexed amended Memorandum of Appeal be deemed as duly filed and served upon payment…

…Determination 3.Order 42 Rule 3 of the Civil Procedure Rules which provides for amendment of the Memorandum of Appeal, states: - “Amendment of Memorandum of Appeal [Order 42, rule 3] “(3) (1) The appellant may amend his memorandum…

…She adds that a copy of the Memorandum of Appeal was also transmitted to the Respondents by email.…

…the Memorandum of Appeal.…

…The Court of Appeal in Peter Gichuhi v Joseph Mwangi [2020] eKLR held; "An appeal is instituted by filing a Memorandum of Appeal. The Memorandum defines the scope of the appeal.…

…The introductory paragraph of the Memorandum of Appeal is crucial as it sets out the decision against which the appellant is aggrieved.…

…Eventually the memorandum of appeal was filed on the 26.1.24.…

…Further that it requested assessment of the memorandum of appeal on 24.10.23 a day after the consent was filed and did a reminder on 27.10.23.…

…of Appeal. 2) THAT upon leave being granted, the attached amended memorandum of Appeal be deemed to be duly filed. 3) Costs of the Application be provided for. 2.…

…The grounds are set out in the draft amended Memorandum of Appeal. 4. The Respondents oppose the application on the basis that the memorandum of appeal was never served.…

…The Appellant submitted that the proposed amendment merely amplifies and clarifies the grounds already contained in the Memorandum of Appeal and seeks to introduce no new cause of action.…

…(1), the Court may, on application, permit the appellant to amend his memorandum of appeal. 11.…

…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.…

…In the present matter, there is no memorandum of appeal filed. There is a document titled memorandum of appeal drawn and filed by Wonanio & Kabiaro, Advocates for the Appellant that is undated and unsigned.…

…Reading the above paragraph of the supporting affidavit where it is indicated that the advocate had prepared (not filed) a memorandum of appeal together with the fact that the annexed memorandum of appeal was not signed or…

…NDUMIA on 5th of July 2023 as claimed by the appellant on the face of his memorandum of appeal.…

…The memorandum of appeal in the instant matter indicates that the appeal is intended to challenge a judgment delivered on 5th July 2023 yet there is no such judgment included in the record of appeal.…

…The Appellant has opposed the Preliminary Objection arguing that the Memorandum of appeal raises matters of law. 8.…

…I have carefully examined the grounds set out on the Memorandum of Appeal and it is apparent to me that the Appellant has raised both factual matters and points of law.…

…The judgment and memorandum of appeal are exhibited as RWM 1 & 2 respectively. 3.…

…Filing a memorandum of appeal does not require the filing of typed and certified proceedings.…

…The appellant aggrieved by the said decision filed this appeal vide a memorandum of appeal dated 2nd August 2023.…

…It is the only judgement that the Court has before it and there is no memorandum of appeal challenging it.…

…She prays, in the grounds set out in the memorandum of appeal, that the said judgment can be set aside. The Memorandum of Appeal was filed eleven days out of time due to a delay in obtaining a copy of the judgment. 3.…

…of Appeal within seven days of filing as provided for in Order 42 Rule 12 of the Civil Procedure Rules; d) That the memorandum of appeal does not raise pertinent issues of law or fact on the face of it; and e) THAT the Applicant…

…A Memorandum of Appeal was subsequently filed on 28th October 2025. 2.…

…The language employed by the above-cited Rule is mandatory and prescribes the mode of instituting an appeal through a Memorandum of Appeal. 10.…