Case law
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Division and case type: CivilCivil Appeal
…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?…
Division and case type: CriminalCriminal Appeal
…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.…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Appeal
…To be precise the memorandum of appeal couches the grounds of appeal as follows - “(1) The learned judge erred in law in holding that proper date for conversion of damages in Italian Lira into Kenya Shillings was on 25th…
Division and case type: CivilCivil Case
…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…
Division and case type: CriminalCriminal Appeal
…In his memorandum of appeal, the appellant has challenged the decisions of the lower courts on the following among other grounds, that is to say: 1.…
Division and case type: CivilCivil Appeal
…these awards in the High Court at Mombasa on April 30, 1984: Kshs Net special damages 13,150 Loss of future earnings 63,000 General damages 250,000 Total 326,150 The appellant has come to this court because (in the words of…
…his memorandum of appeal of June 5, 1984. 1) The learned judge erred in awarding Kshs 250,000 by way of general damages for pain and suffering and loss of the amenities of life for the injuries he sustained. 2) The learned…
Division and case type: CriminalCriminal Appeal
…The foregoing matters formed grounds 2 and 10(a) and (b) of the amended memorandum of appeal but they represented the bulk of Mr Prinja's argument.…
Division and case type: CivilCivil Appeal
…these awards in the High Court at Mombasa on April 30, 1984: Kshs Net special damages 13,150 Loss of future earnings 63,000 General damages 250,000 Total 326,150 The appellant has come to this court because (in the words of…
…his memorandum of appeal of June 5, 1984. 1) The learned judge erred in awarding Kshs 250,000 by way of general damages for pain and suffering and loss of the amenities of life for the injuries he sustained. 2) The learned…
Division and case type: CivilCivil Appeal
…The memorandum of appeal contains four ground of appeal. The first and second are a complaint that the judge misdirected himself by dealing with the issue of liability.…
Division and case type: CivilCivil Appeal
…In his short memorandum of appeal, the plaintiff says that the trial judge erred in law by allowing the defendant to adduce evidence of what purportedly took place on September 18, 1976 thereby prejudicing the plaintiff’s…
Division and case type: CivilCivil Appeal
…RESPODENT (Appeal from the adjournment order on cost and ruling of the High Court of Kenya at Mombasa (Aragon J) dated February 14, 1986 In Civil Case NO 867 (O S of 1985) __________________ JUDGMENT OF PLATT, AG J A In the memorandum…
…of appeal it is protested that several steps in the proceedings were undertaken so unreasonably, that there was a failure of justice.…
Division and case type: CivilCivil Appeal
…Mr Aboo’s client was aggrieved by this so Mr Aboo filed its memorandum of appeal on May 23, 1984 with these four grounds: (a) That the learned judge erred in law in holding that the plaintiff’s right of action had not expired…
Division and case type: CriminalCriminal Appeal
…Though it was not raised in Vijay’s Memorandum of Appeal or in argument, we feel bound to refer to the request for the assessors to remain in court during the trial within a trial held to determine the amdinissibility of…
Division and case type: CivilCivil Appeal
…In their memorandum of appeal, the appellants have listed 9 grounds of appeal against which they seek to impeach the decision of the learned Judge, namely – “1.…