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…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…

…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…

…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…

…Although the appellant has raised several issues in its memorandum of appeal dated 23rd September 2011, the principal issue in this appeal is whose responsibility is it to prepare the discharge of charge and if it is the…

…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…

…Order 41 Rule (1) of the Civil Procedure Rules provides as follows:- “(1) Every appeal to the High Court shall be in the form of a Memorandum of Appeal signed in the same manner as a pleading.”…

…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.…

…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…

…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.”…

…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…

…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…

…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.…

…The administrators of the deceased's estate were aggrieved and hence the appeal. The memorandum of appeal has seven grounds, but at the hearing of the appeal Mr Owio Okeyo for the appellant abandoned the last two.…