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…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.…

…of Appeal to the instant application for the Court to assess its arguability 12.   …

…This must be followed by a Memorandum of Appeal, which details the grounds of appeal, filed with the Court of Appeal within 30 days of filing the Notice of Appeal.…

…The deponent reiterates the history above, attaches the Notice of Appeal and Memorandum of Appeal outlining the grounds for the appeal.…

…With regard to the grounds of appeal and memorandum of appeal I’m persuaded that they are only limited to give an indication of what is intended to be raised at the Court of Appeal.…

…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.…

…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.…

…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…

…The appeal herein was lodged on 5th July 2023 vide Memorandum of Appeal dated 4th July 2023. 5. The lower court le was called for and it was availed to this court on 20th December 2023.…

…That there has been inordinate in preparing the memorandum of appeal and filing the instant application. That they have not shown what prejudice will be suffered if the application is not granted.…

…the same are listed under paragraph 4 of the replying affidavit and which include the fact that judgement in respect of the petition was issued on 9/3/2023 and despite a Notice of Appeal having been filed on 20/3/2023 no Memorandum…

…of Appeal has been filed to date. 12 It is averred that the allegations at paragraph 3 of the Applicant’s supporting affidavit are frivolous as the formula for working of the decretal sum plus interest at Central Bank rate…

…He thinks that he has good chances of success at the court of appeal and has annexed a draft memorandum of appeal.…

…Order 41 Rule (1) of the Civil Procedure Rules provides as follows:- “(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.”…

…The Petitioner was once again in law had a duty to prove the pendency of the said Appeal before the Provincial Land Disputes Tribunal by presenting a certified copy of the Memorandum of Appeal and the proceedings that demonstrate…

…The 4th Respondent produced a Copy of the Memorandum of Appeal dated 19.08.1991 filed by the 6th Respondent as well as the Receipt for the payment of the Appeal fees amounting to KShs 135.…

…The court has after considering the grounds on the memorandum of appeal, record of appeal, submissions by learned counsel, superior courts decisions cited thereon, come to the following determinations: a.…

…On cross-examination, the 1st Respondent confirmed that he did not have a copy of the Memorandum of Appeal filed before the 3rd Respondent.…