Case law
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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: CivilCivil Appeal
…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.…
Division and case type: CriminalCriminal Appeal
…In the three grounds of appeal in hersupplementary memorandum of appeal, the appellant has raised three points.…
Division and case type: CivilCivil Appeal
…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…
Division and case type: CivilCivil Appeal
…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…
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 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…
Division and case type: CriminalCriminal Appeal
…by the High Court at Nyeri from his conviction of demanding property with menances contrary to section 302 of the Penal Code by the Resident Magistrate, Nyahururu, the appellant through his advocate Mr Ngunjiri filed a Memorandum…
…of Appeal containing the following grounds of appeal:- 1.…
Division and case type: CivilCivil Suit
…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…
Division and case type: CivilCivil Appeal
…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…
Division and case type: CivilCivil Appeal
…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…
Division and case type: CriminalCriminal Appeal
…In his memorandum of appeal, the appellant has challenged the decisions of the lower courts on the following among other grounds, that is to say: 1.…
Division and case type: CivilMiscellaneous Application
…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…
Division and case type: CivilCivil Appeal
…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.”…
Division and case type: CivilCivil Appeal
…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…
Division and case type: CivilCivil 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…
Division and case type: CivilCivil Appeal
…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.…
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: CivilCivil 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…