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…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 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.…

…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…

…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.”…

…In his short memorandum of appeal, the plaintiff says that the trial judge erred in law by allowing the defendant to adduce evidence of what purportedly took place on September 18, 1976 thereby prejudicing the plaintiff’s…

…It would appear from the memorandum of appeal overall, that the appellant contends that the learned judge approached the problem in the wrong way.…