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…The appellant’s Memorandum of Appeal to this Court was filed in its Nakuru sub-registry on January 23rd 1984, (almost another two months lost there) and we are now hearing this appeal 6 months later.…

…The appellant’s Memorandum of Appeal does not limit itself to those two grounds, namely that the conviction is against the weight of the evidence or that the sentence is excessive.…

…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…

…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, also stated that the intended appeal was not frivolous and referred me to the draft memorandum of appeal annexed to the record of the notice of motion. Mr.…

…I have seen and perused the draft memorandum of appeal annexed to the application. Without saying any more, I cannot say the intended appeal is frivolous. It is in my view arguable. Mr.…

…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.…

…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.…

…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.…

…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…

…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?…

…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…

…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.…

…amount less than the required fees, without security for costs being lodged, or on lodging of any specified sum less than the amount fixed by rule 104, and that he bears only the costs of preparing and binding the record and memorandum…

…of appeal.…

…The award made thereunder forms the substance of complaint in grounds 2 and 3 of the memorandum of appeal. The deceased was 75 years old when the accident occurred.…

…Most of the twenty grounds in the unnecessarily lengthy memorandum of appeal state that the judge erred in not reaching a special finding that the appellant did the act charged but was insane at the time he did it under section…

…These formed the subject of the first and second grounds of the first appellant’s supplementary memorandum of appeal (which replaced the original joint memorandum of appeal) and we find it convenient to deal with them first…

…Kibuthu, on grounds 2 and 3 of his clients’ memorandum of appeal, that they were not.…

…The grounds of appeal are contained in the supplementary memorandum of appeal and they are: 1.The learned judges of the High Court erred in law in failing to hold that in failing to order or direct that any sentences of imprisonment…

…It is an application by Kaplan & Stratton, Advocates, for extension of time for lodging a Notice of Appeal and Memorandum and Record of Appeal.…

…The present application by way of a Notice of Motion was filed by the applicant on 25th April, 2000 seeking extension of time for lodging a fresh Notice of Appeal and Memorandum and Record of Appeal (substantive application…