Search court decisions

…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…

…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.…

…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…

…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.…

…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.…

…Nothing was said about the sentence, but in the memorandum of appeal, the sentence was described as, unwarranted and excessive.…

…The advocate further stated that a memorandum of appeal had been filed and that a hearing date was due to be fixed by the High Court registry.…

…The advocate further stated that a memorandum of appeal had been filed and that a hearing date was due to be fixed by the High Court registry.…

…This is the decision the appellant was aggrieved with and which prompted him to lodge this appeal to this Court through his home made memorandum of appeal on 8th April, 2008. It had 5 grounds of appeal, namely:- “1.…

…Kwengu, learned counsel for the appellant submitted before us on the basis of the memorandum of appeal drawn by the appellant that the evidence adduced against the appellant was not scrutinized and the motive of murder was…

…The advocate further stated that a memorandum of appeal had been filed and that a hearing date was due to be fixed by the High Court registry.…

…The advocate further stated that a memorandum of appeal had been filed and that a hearing date was due to be fixed by the High Court registry.…

…In the three grounds of appeal in hersupplementary memorandum of appeal, the appellant has raised three points.…

…Nevertheless, having considered Mr Juma’s argument, and particularly grounds 5 an 6 of the proposed memorandum of appeal which state: “It was wrong in principle to have set aside the dismissal when a fresh action was already…

…Most of the twenty grounds in the unnecessarily lengthy memorandum of appeal state that the judge erred in not reaching a special finding that the appellant did the act charged but was insane at the time he did it under section…

…These formed the subject of the first and second grounds of the first appellant’s supplementary memorandum of appeal (which replaced the original joint memorandum of appeal) and we find it convenient to deal with them first…

…Kibuthu, on grounds 2 and 3 of his clients’ memorandum of appeal, that they were not.…