Case law
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Division and case type: CivilCivil Appeal
…of appeal and which overlaps each other in several respects.…
…It is suggested in ground 5 of the existing memorandum of appeal that the learned judge drew many wrong inferences from the facts in this respect.…
Division and case type: CriminalCriminal Appeal
…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.…
Division and case type: CivilCivil Appeal
…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…
Division and case type: CivilCase number Civil Application
…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.…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Appeal
…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?…
Division and case type: CriminalCriminal Appeal
…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…
Division and case type: CivilMiscellaneous Application
…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.…
Division and case type: CivilCivil 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.…
Division and case type: CriminalCriminal Appeal
…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…
Division and case type: CriminalCriminal Appeal
…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.…
Division and case type: CriminalCriminal Appeal
…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…
Division and case type: CivilCivil Appeal
…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…
Division and case type: CivilCivil Appeal
…The memorandum of appeal contains 14 grounds of appeal but looking at them closely the appellant's complaints relate to: (1) The sum of shs.1,080,000/- awarded as general damages for loss of business. (2) Shs.60,000/- for…
Division and case type: CivilMiscellaneous Application
…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…
Division and case type: CivilCivil Appeal
…In ground 2 of the memorandum of appeal he says; “The learned trial judge erred and misdirected himself on the principles applicable in considering the award of damage in a case like the present one.”…
Division and case type: CivilCivil Appeal
…Although the memorandum of appeal contains six grounds, Mr Khaminwa compressed them into one short point when arguing the appeal, namely whether the corporation should have acted under section 10 (which he conceded the corporation…
Division and case type: CivilCivil Appeal
…Ibrahim quite properly conceded this issue before us as a result of which concession he abandoned grounds 1, 2, 3 and 4 of his Memorandum of Appeal.…
Division and case type: CivilCivil Appeal
…The learned judge’s reasons would appear to be set out in the last paragraph of his judgment, which is as follows: “The memorandum of appeal attacked the learned trial magistrate’s decisions outlined above.…
…The appellant’s advocate served the memorandum of appeal on the advocates for the respondent and set out their correct address on it.…
Division and case type: CriminalCriminal Appeal
…Mr Oira relied on the six grounds set out in the memorandum of appeal filed on 11th March, 2011 as follows: 1.…