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….……....RESPONDENT RULING The Memorandum of appeal was filed on 21st October, 2009 simultaneously with application for stay of execution.…

…of appeal was filed without any steps being taken to set down the appeal for hearing.…

…The appeal is against the judgment entered on 9th August, 1983, in terms of the award, on the grounds set out in the memorandum of appeal.…

…It would therefore be unreasonable to expect the elders to have confined themselves to what is described in the memorandum of appeal, as issues raised in the pleadings.…

…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.…

…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).…

…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.…

…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.…

…That the Honourable Court be pleased to grant the applicant leave out of time and consequently, the draft Memorandum of Appeal attached herein be deemed to have been properly filed within time. (2).…

…That the draft memorandum of appeal sets out the grounds to demonstrate that the appeal has high chances of success. The respondent filed grounds of opposition as a rejoinder to the application dated 27.11.2020.…

…That the Honourable Court be pleased to grant the applicant leave out of time and consequently, the draft Memorandum of Appeal attached herein be deemed to have been properly filed within time. (2).…

…That the draft memorandum of appeal sets out the grounds to demonstrate that the appeal has high chances of success. The respondent filed grounds of opposition as a rejoinder to the application dated 27.11.2020.…

…That the Honourable Court be pleased to grant the applicant leave out of time and consequently, the draft Memorandum of Appeal attached herein be deemed to have been properly filed within time. (2).…

…That the draft memorandum of appeal sets out the grounds to demonstrate that the appeal has high chances of success. The respondent filed grounds of opposition as a rejoinder to the application dated 27.11.2020.…

…That the Honourable Court be pleased to grant the applicant leave out of time and consequently, the draft Memorandum of Appeal attached herein be deemed to have been properly filed within time. (2).…

…That the draft memorandum of appeal sets out the grounds to demonstrate that the appeal has high chances of success. The respondent filed grounds of opposition as a rejoinder to the application dated 27.11.2020.…

…That the Honourable Court be pleased to grant the applicant leave out of time and consequently, the draft Memorandum of Appeal attached herein be deemed to have been properly filed within time. (2).…

…That the draft memorandum of appeal sets out the grounds to demonstrate that the appeal has high chances of success. The respondent filed grounds of opposition as a rejoinder to the application dated 27.11.2020.…

…In his memorandum of appeal, the appellant invites us to reverse the judgment and award him damages on the various heads claimed in the plaint. We are satisfied those claims were based on a mistaken view of the law.…

…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.…

…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?…

…The appellant appealed against the award of damages based on the memorandum of appeal dated 7th August 2018 on two grounds.…