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…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.…

…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.…

…prosecuted on the grounds that he was not served with Notice of Appeal within time which was file on 14th May, 1982 and should have been served within 7 days (rule 76 (1); secondly, the respondent was also not served with the Memorandum…

…of Appeal and the record of Appeal within seven days after lodging it on 14th July, 1982 (rule 87 (1).…

…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.…

…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…

…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.…

…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.…

…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?…

…appeal (including certified copies of the pleadings, proceedings, judgment, documentary exhibits in the court of the Bungoma District Magistrate, Kakamega Resident Magistrate and the High Court in Kakamega together with the memorandum…

…of appeal for this court), must be lodged in this Court’s subregistry in Kisumu with the appropriate security for costs within 90 days from today and a copy thereof served on Mr Dhanjal within 100 days from today.…

…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.…

…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 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.…

…the Memorandum of Appeal.…

…To do so merely clutters up the record, and we have said more than once that the inclusion of unnecessary grounds as a makeweight in a petition or Memorandum of Appeal lengthens the appeal and tends to distract the minds…

…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…

…I therefore now turn to the criticisms made in the Memorandum of Appeal that he so misdirected himself in material respects that the decision ought not to stand.…

…The first ground in his Memorandum of Appeal was that there was a misdirection when the judge held that all three boys, the plaintiff, Koroso, who was his brother and Charles Mageto, were children of tender years and that…

…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…

…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…

…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…

…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.…