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…There is no draft memorandum of appeal to demonstrate any arguable matter with a high chance of success. The application is only meant to delay justice.…

…However, the main principles to guide the court are whether there is a draft memorandum of appeal that is likely to be rendered nugatory if the stay of proceedings is not allowed as held in the case of Makokha v County Government…

…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.…

…Rule 12 of the Employment and Labour Relations Court (Procedure) Rules, 2024 on the other hand provides as follows:- “(1) Where a written law provides for an appeal to the Court, an appellant shall file a memorandum of appeal…

…I have perused the draft memorandum of appeal annexed to the Applicant’s supporting affidavit, and in my view, the intended grounds of appeal are urguable and cannot be said to be frivolous. 12.…

…of Appeal filed herein be deemed as properly filed.…

…That they analyzed the Judgment notes and filed their Memorandum of Appeal herein. The Appellant averred that he had been keenly following up this matter and sought leave to file the Appeal against the Judgment.…

…He stated that the applicant had filed draft memorandum of appeal. That Order 43 rule 1 of the Civil Procedure Rules provides for notice of appeal from the magistrate court.…

…The court exercised its judicial discretion and gave a stay on condition that the memorandum of appeal is filed within 21 days. 17.…

…The appellant filed the Memorandum of Appeal on 23 October 2024. There is no Record of Appeal.…

…Under Rule 11 of the Court Rules, an appellant, before filing the Memorandum of Appeal, must obtain the following; Copies of proceedings; Any documentary evidence relied on; Copy of the judgment/ruling/decision/order or decree…

…The Union had 30 days (up to 11 October 2023) after the delivery of the judgment sought to be appealed to file a Memorandum of Appeal. 10.…

…The Union herein has not given any justifiable reasons why a Memorandum of Appeal was not lodged with the Court within the prescribed timeline. 14.…

…On 11 April 2024, the court granted the appellant 14 days to file an appeal and that; The applicant to file and serve a Memorandum of Appeal within the next 14 days.…

…The Applicant is seeking for orders to enlarge time within which the Applicant is to file a Memorandum of Appeal and order of stay of execution of Decree from the Judgment and Decree issued by Hon.…

…The Respondent further averred that the draft memorandum of appeal annexed to the Applicant’s Supporting Affidavit does not raise any arguable issues and it has no chance of success. 13.…

…It further avers that the Applicant has failed to annex a draft memorandum of appeal for the Court to interrogate whether or not the intended appeal is arguable. 8.…

…The appellant has not filed a draft memorandum of Appeal or Notice of Appeal, and no security has been offered to secure the judgment herein.…

…The memorandum of appeal as filed and served upon the respondent is not a memorandum of appeal as provided for under the Tax Appeals Tribunal (Appeals to the High Court) Rules at rules 3,5(d) and (e).” 4.…

…to have the notice of appeal, memorandum of appeal, and record of appeal filed in this matter deemed as duly filed and served. 11.…

…A plain reading of the Rules shows that Rule 3 provides for filing of Memorandum of Appeal, while Rule 5 provides for what should be contained in the Memorandum of Appeal.…

…It provides that the courts can extend time for filing of a memorandum of appeal under Rule 3. 20.…

…The Appellants also seek leave to amend their memorandum of appeal dated 10.7.25 in terms of the draft amended memorandum of appeal. 2.…

…The Appellants urged that there is need to amend the memorandum of appeal before the filing of submissions.…

…of Appeal. 2) THAT upon leave being granted, the attached amended memorandum of Appeal be deemed to be duly filed. 3) Costs of the Application be provided for. 2.…

…The grounds are set out in the draft amended Memorandum of Appeal. 4. The Respondents oppose the application on the basis that the memorandum of appeal was never served.…

…For lack of service of the memorandum of appeal and record of appeal on the Respondent. 3.…

…The Appellant has never served the memorandum of appeal and Record of Appeal on the Respondent, almost a year after filing the Memorandum of Appeal. 4.…

…1.The Applicant’s Notice of Motion is dated 18th February 2025 and is seeking orders to amend the Memorandum of Appeal filed and that the annexed amended Memorandum of Appeal be deemed as duly filed and served upon payment…

…Determination 3.Order 42 Rule 3 of the Civil Procedure Rules which provides for amendment of the Memorandum of Appeal, states: - “Amendment of Memorandum of Appeal [Order 42, rule 3] “(3) (1) The appellant may amend his memorandum…

…Whether the appellant should be granted leave to amend her memorandum of appeal.…

…The draft memorandum of appeal is amenable to amendment and I have no basis to deny this relief.…

…She adds that a copy of the Memorandum of Appeal was also transmitted to the Respondents by email.…

…the Memorandum of Appeal.…