Search court decisions

…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…

…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.”…

…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…

…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.…

…The learned judge’s reasons would appear to be set out in the last paragraph of his judgment, which is as follows: “The memorandum of appeal attacked the learned trial magistrate’s decisions outlined above.…

…The appellant’s advocate served the memorandum of appeal on the advocates for the respondent and set out their correct address on it.…

…Mr Oira relied on the six grounds set out in the memorandum of appeal filed on 11th March, 2011 as follows: 1.…

…These are the two witnesses referred to as children of considerable tender years in the memorandum of appeal. We leave for the moment the learned judge’s treatment of the two children as witnesses.…

…These are the two witnesses referred to as children of considerable tender years in the memorandum of appeal. We leave for the moment the learned judge’s treatment of the two children as witnesses.…

…The administrators of the deceased's estate were aggrieved and hence the appeal. The memorandum of appeal has seven grounds, but at the hearing of the appeal Mr Owio Okeyo for the appellant abandoned the last two.…

…The administrators of the deceased's estate were aggrieved and hence the appeal. The memorandum of appeal has seven grounds, but at the hearing of the appeal Mr Owio Okeyo for the appellant abandoned the last two.…

…The administrators of the deceased's estate were aggrieved and hence the appeal. The memorandum of appeal has seven grounds, but at the hearing of the appeal Mr Owio Okeyo for the appellant abandoned the last two.…

…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.…

…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.…

…The Memorandum of appeal filed on May 16, 1980 by M'Mukanya and Nyamu's first advocates had just one (prolix) ground: "The learned judge erred in law failing to appreciate and in misdirecting himself on the legal ingredients…

…The issue set out in the memorandum of appeal in this case, is whether Aganyanya J erred in law in holding that the appellant’s payment of legal expenses incurred in borrowing money for its business is not properly allowable…

…The essence of Mr Mwirichia’s case on behalf of the appellant under ground eight of the Memorandum of Appeal is that the proceedings consequent upon the receiving order were contrary to rule 138(2) of the Rules.…

…Hence this appeal.…

…The memorandum of appeal complains that the learned judge erred in not appreciating that there should be strong grounds for not enforcing the exclusive jurisdiction clause to give effect to the intention of the parties; in…

…Aberdare was aggrieved by those findings and so came before this court and filed a memorandum of appeal containing 9 grounds which were argued globally by learned counsel for them, Mr. Frederick Ngatia.…

…The Council has not appealed and has been joined as a second respondent in this appeal. The appellant’s memorandum of appeal contains 6 grounds of appeal and I propose to deal with them in their numerical order.…