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…or Memorandum of Appeal.…

…According to the Respondent, the Memorandum of Appeal filed by the Applicant before the Court of Appeal was assigned number KISUMU COURT OF APPEAL NO.…

…He stated that the Applicant was giving a false statement that he had not been granted a stay order by the appellate court in Nyeri and that he had filed a notice and memorandum of appeal vide Nyeri Civil Appeal No.…

…From the material placed before the Court, the Respondent filed a Notice of Appeal on 17/04/2025 and subsequently filed a Memorandum of Appeal in Nyeri Civil Appeal No. E203 of 2025 dated 01/10/2025. 10.   …

…That the introduction of a Memorandum of Appeal is an afterthought and that he will be prejudiced if the same is admitted.…

…He maintained that lack of typed proceedings could not be the basis for failure to file Memorandum of appeal.…

…He stated that the Applicant was giving a false statement that he had not been granted a stay order by the appellate court in Nyeri and that he had filed a notice and memorandum of appeal vide Nyeri Civil Appeal No.…

…From the material placed before the Court, the Respondent filed a Notice of Appeal on 17/04/2025 and subsequently filed a Memorandum of Appeal in Nyeri Civil Appeal No. E203 of 2025 dated 01/10/2025. 10.   …

…The Memorandum of Appeal dated 4th December, 2020 is hereby deemed to be fully and properly filed and served The Applicant shall compile, file and serve a record of Appeal within 30 days and move the court appropriately towards…

…The 2nd Respondent herein filed a Memorandum of Appeal dated 4th December 2020 being Nakuru Civil Appeal HCCA No. E016 OF 2020.…

…A draft copy of a Memorandum of Appeal is annexed.…

…It is the ruling the subject of the Memorandum of Appeal filed herein. The ruling was subject of the Plaintiff’s application for leave to amend the plaint to introduce some new parties effectively reopening his case.…

…Further, the appellant was bound by the grounds postulated in his memorandum of appeal and was not allowed to travel beyond them by sneaking new grounds in his submissions.…

…Therefore, this court will disregard grounds (a), (d), (e), and (f) of the memorandum of appeal and the limb of the submissions on fraud and the relationship between the appellant and Athunga.…

…She emphasized that no draft memorandum of appeal had been annexed, nor any grounds disclosed, hence no prima facie case had been shown.…

…The Applicant is granted leave to file and serve Memorandum of Appeal against the judgment delivered on 19th April 2023 in ELC Number 11 of 2019 b.…

…(d) The applicant’s appeal being arguable as shown in the Memorandum of Appeal will be rendered nugatory in the event that the decree dated 18th November 2024 is implemented before the hearing and disposal of the intended…

…the Memorandum of Appeal in Eldoret Court of Appeal Civil Application No.…

…Appeal nor a Memorandum of Appeal at the Court of Appeal more than two years since filing the Notice of Appeal.…

…Counsel also stated that no address for service has been given up to date and a Memorandum of Appeal was filed and served. 12.…

…I have read the Applicant’s draft memorandum of appeal and I am not convinced that the Applicant required the Surveyor’s and Registrar’s report to raise the grounds of appeal that he has raised in his draft memorandum of…

…appeal.  …

…In the supporting affidavit, the Applicant deposed that judgment was delivered on 25/07/2024 and that she promptly filed a memorandum of appeal at the court of Appeal at Kisumu.…

…The Applicant filed a supplementary affidavit pursuant to the leave of the court sworn 22/10/2024 and stated that upon delivery of impugned judgment, she filed a notice of appeal dated 26/07/2021 and later a memorandum of…

…The draft Memorandum of Appeal raises questions of jurisdiction, the discrepancy between the pleaded sum and the amount awarded, the basis for computation of interest, and the circumstances under which judgment was entered…

…Consequently, it is hereby ordered: 1) Leave is hereby granted to the Applicant to file an appeal out of time against the judgment delivered on 26th February 2025 in Keroka MCCC E194 of 2024. 2) The Memorandum of Appeal shall…

…A memorandum of appeal was filed on 9th November 2022 and since the appeal was filed no record of appeal has ever been filed.…

…Other than filing a memorandum of appeal, the applicant has not demonstrated that he took any action to enable the appeal be heard.…

…That the Honourable Court be pleased to grant leave to the Appellant to file the Memorandum of Appeal out of time. 4. That the costs be provided in cause.…

…I also find that the annexed memorandum of appeal raises triable issues. I find this application is merited and I grant prayer 3 on condition that the appeal is filed and served within the next 30 days.…

…Moreover, that no memorandum of Appeal has been filed I have considered the application replying affidavit, supporting affidavit and rival submissions and do find that the applicant took approximately 39 days to file the…

…Moreover, that no memorandum of Appeal has been filed I have considered the application replying affidavit, supporting affidavit and rival submissions and do find that the applicant took approximately 39 days to file the…

…She emphasized that the Applicant has neither annexed a Memorandum of Appeal to the application nor specified the grounds of appeal.…

…She reiterated that no memorandum of appeal has been annexed, nor have any grounds of appeal been disclosed, to demonstrate that there exists a case with a probability of success. 18.…

…The court be pleased to grant leave to the Applicant to appeal the judgement of the court delivered on September, 19th 2024 and to file Notice of Appeal and Memorandum of Appeal out of time.…

…She went on to aver that the draft memorandum of appeal does not raise any triable issues as the 1st Respondent holds a good title to the property.…

…The third issue on whether the draft memorandum of appeal raises triable issues, they submit in the affirmative and argue that the appeal touches on innate applicable laws.…