Case law
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Division and case type: CivilCivil Appeal
…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.…
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: CriminalCriminal Appeal
…Nothing was said about the sentence, but in the memorandum of appeal, the sentence was described as, unwarranted and excessive.…
Division and case type: CriminalCriminal Appeal
…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.…
Division and case type: CivilCivil Appeal
…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.…
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: 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 foregoing matters formed grounds 2 and 10(a) and (b) of the amended memorandum of appeal but they represented the bulk of Mr Prinja's argument.…
Division and case type: CriminalCriminal Appeal
…Though it was not raised in Vijay’s Memorandum of Appeal or in argument, we feel bound to refer to the request for the assessors to remain in court during the trial within a trial held to determine the amdinissibility of…