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…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).…

…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.…

…This point, however has not been taken in the appellant’s memorandum of appeal, neither, in our view, could it be, as it did not form part of the prosecution case but was volunteered from the dock by the appellant.…

…Mr Azangalala also alleged in his memorandum of appeal that the magistrate had misdirected himself as regards the burden of proof and had failed specifically to state that he found the charge proved against the appellant…

…The appellant’s first memorandum of appeal contained eleven grounds.…

…On his second appeal to this Court, the appellant exhibited a curious reticence in lodging his memorandum of appeal, and over a year’s delay in the hearing was caused by an alleged hiatus between himself and his advocates…

…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…

…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.…

…The appellant's advocate stated Olaga went for the appellant with the mattock first and the appellant repeats this in his memorandum of appeal. Otherwise the facts were agreed.…

…It was this payment in the charge sheet which gave rise to the first ground in the memorandum of appeal to this court and formed the main basis of the submissions of Mr Otumba on behalf of the appellant.…

…As we explained to Mr Otumba, we have no jurisdiction to entertain ground 3 of the memorandum of appeal, which was against the sentence.…

…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.…

…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.…

…It is the above findings that have prompted this appeal.…

…The memorandum of appeal contains five grounds of appeal and in summary this court is required to determine: (1) What was, on the evidence before the trial court, the proper law of the contract between the parties?…

…This is the decision the appellant was aggrieved with and which prompted him to lodge this appeal to this Court through his home made memorandum of appeal on 8th April, 2008. It had 5 grounds of appeal, namely:- “1.…

…Kwengu, learned counsel for the appellant submitted before us on the basis of the memorandum of appeal drawn by the appellant that the evidence adduced against the appellant was not scrutinized and the motive of murder was…

…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.…

…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.…

…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.…