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…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.…

…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…

…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.…

…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…

…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…

…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.…

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

…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.…

…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…

…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 case was argued by Mr Khakula on behalf of the appellant, following his second Memorandum of Appeal, on the basis that neither the trial magistrate nor the learned first appellate judge gave any or adequate consideration…

…The memorandum of appeal contains ve grounds of appeal. If I may say so without disrespect to counsel, they are not particularly weighty ones.…

…Mr Menezes, the advocate for Mohamed Mahmoud Jabane, the appellant defendant (Jabane) in the memorandum of appeal has complained that: “7.…

…The essence of Mr Mwirichia’s case on behalf of the appellant under ground eight of the Memorandum of Appeal is that the proceedings consequent upon the receiving order were contrary to rule 138(2) of the Rules.…