Case law
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Division and case type: CivilCivil Case
…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.…
Division and case type: CivilCivil Appeal
…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.…
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
…In a lengthy memorandum of appeal, the appellant submits that common intention was not established, that the learned magistrate acted on hearsay evidence of a single witness, that there ought to have been 30 rounds of ammunition…
Division and case type: CRIMINAL DIVISIONCriminal 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 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: 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
…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
…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…