Case law
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Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Case
…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…
Division and case type: CivilCivil Appeal
…It is worth noting that these arguments cannot be said to arise directly from the grounds of appeal contained in the appellants’ memorandum of appeal.…
Division and case type: CivilCivil Appeal
…Although some of the grounds in the memorandum of appeal suggest that the quantum of the award was to be challenged before us, no complaint on the quantum of damages was addressed to us.…
Division and case type: CivilCivil Appeal
…In their memorandum of appeal, the appellants have listed 9 grounds of appeal against which they seek to impeach the decision of the learned Judge, namely – “1.…