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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.…

…In the memorandum of appeal he lists at least nine grounds upon which he intends to take up in the appeal. A casuary glance at the grounds raised I am satisfied that the appeal is not frivolous.…

…Consequently, I hereby grant the applicant leave to file his Memorandum of appeal within 14 days from the date of this order. Dated and delivered at Kisumu on this 19th day of March, 1999. E.…

…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.…

…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…

…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.…

…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.…

…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?…

…The appellant appealed against the award of damages based on the memorandum of appeal dated 7th August 2018 on two grounds.…

…He has not attached the Memorandum of appeal in that appeal. Nor has he attached any other evidence to show that the appeal had been filed and it is still pending.…

…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.…

…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?…

…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.…

…That power should be sparingly used, and only in the clearest cases, such as an appeal based entirely on points of fact, raising no questions of law, and not where, as in this case, the memorandum of appeal raised substantial…

…the High Court at Mombasa, Bhandari J) RULING The applicant Securicor (K) Limited, gave notice on October 21 1986 that it would move the court for an order that leave be granted to the applicant, to amend the applicant’s memorandum…

…of appeal, which had been filed in Civil Appeal No 67 of 1985.…

…appeal (including certified copies of the pleadings, proceedings, judgment, documentary exhibits in the court of the Bungoma District Magistrate, Kakamega Resident Magistrate and the High Court in Kakamega together with the memorandum…

…of appeal for this court), must be lodged in this Court’s subregistry in Kisumu with the appropriate security for costs within 90 days from today and a copy thereof served on Mr Dhanjal within 100 days from today.…