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…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.…

…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.…

…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…

…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.…