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…The facts surrounding the filing of the appeal including the date of the memorandum of appeal, its initial filing in a different division and subsequent transfer had to be examined.…

…The memorandum of appeal is dated 13th October, 2023 and filed on 16th October, 2023 in the original file. 8. Mr.…

…This ruling is in respect of a Notice of Motion application dated 25th November, 2024 by the Respondent/Applicant seeking the following orders: a) THAT this Honourable court be pleased to strike out the Memorandum of Appeal…

…had not filed an application seeking leave to file the appeal out of time and urged the court to strike out the Memorandum of Appeal dated 2nd April, 2024 with costs. 4.…

…Notably, the Memorandum of Appeal was filed in the wrong court. Noting the error they sought the matter be withdrawn so as to file the Memorandum of Appeal in the right court.…

…On the 12th October 2023 they were served with a memorandum of appeal with no proof of filing.…

…The annexed memorandum of appeal in Kisumu High Court HCCA No. E69 of 2023 on the court record be deemed as duly filed. That costs of the application be provided for. 2.…

…of appeal is admitted out of time. 14.…

…of Appeal.…

…had mistakenly been uploaded instead of the Memorandum of Appeal. 19.…

…Before the court for determination is the Respondent’s Notice of Motion dated 14 th June 2024 that seeks to strike out the Appellant’s (“the Commissioner”) Notice of Appeal and Memorandum of Appeal.…

…Appeal and the Memorandum of Appeal have been filed and served out of time and that the Memorandum of Appeal is accompanied by an unsigned copy of the Tax Appeal Tribunal’s (“the Tribunal”) judgment.…

…Form of appeal [Order 42, rule 1](1)Every appeal to the High Court shall be in the form of a memorandum of appeal signed in the same manner as a pleading.(2) The memorandum of appeal shall set forth concisely and under distinct…

…I agree with the argument put forward by the Applicant that the document filed by the Respondent and titled Chamber Summons (Memorandum of Appeal) sends mixed signal and is unknown in law.…

…Form of appeal [Order 42, rule 1](1)Every appeal to the High Court shall be in the form of a memorandum of appeal signed in the same manner as a pleading.(2) The memorandum of appeal shall set forth concisely and under distinct…

…I agree with the argument put forward by the Applicant that the document filed by the Respondent and titled Chamber Summons (Memorandum of Appeal) sends mixed signal and is unknown in law.…

…RULING The issue at hand is whether the Memorandum of Appeal dated 25th March, 2025 and the pending application dated 25th March, 2025 were filed by an Advocate who was properly on record.…

…Looking at the documents and in particular the Memorandum of Appeal dated 25th March, 2025 and the Consent dated 14th April, 2025, it is clear that the Memorandum of Appeal was filed before the Consent was executed and filed…

…THAT the Honourable Court be pleased to extend the time limited by the Civil Procedure Rules and the memorandum of appeal dated 26th August, 2025 be deemed as duly filed. b.…

…I have also perused the draft memorandum of appeal annexed to the application.…

…(An Application to Strike out the Memorandum of Appeal vide Civil Appeal No. E009 of 2024 dated 2nd April 2024 and filed against the Judgment and Decree of Hon. B.…

…, orders to extend time within which to file a Memorandum of Appeal.…

…Introduction The Respondents/Applicants filed a Notice of Motion dated 4th November 2025 (supported by the affidavit of Mary Wanjiku Kirika sworn on even date) seeking to strike out the Memorandum of Appeal dated 31st October…

…Whether service of the Memorandum of Appeal is mandatory under Order 42 Rule 12 CPR and, if so, the consequences of non-compliance. 2.   …

…on 22nd October 2025 in Keroka MCCC E057 of 2022, and for the annexed draft Memorandum of Appeal to be deemed as duly filed upon payment of the requisite court fees. 2.…

…They further depone that once circumstances permitted, counsel was instructed and a draft Memorandum of Appeal dated 22nd October 2025 was prepared and annexed to the application. 6.…

…The record confirms that the appellant filed the memorandum of appeal dated the 5th February 2025 on 9th February 2025.…

…That when the learned counsel for the respondent made her oral submissions she only sought for the release of the decretal sum, without pressing for the striking out of the memorandum of appeal.…

…The applicants seek orders for extension of time and leave to lodge their memorandum of appeal out of time against the judgment and/ or decree entered against them by Hon.…

…According to the applicants the main reason for delay in the filing of the memorandum of appeal is that “after the judgment was delivered on the 20th may 2024 our insurers were undergoing managerial structural changes leading…

…It is disclosed that the memorandum of appeal herein, dated 2nd September 2024, seeks the setting aside of those orders of 29th August 2024.…

…The appeal, going by the prayers in the memorandum of appeal, is about the dismissal order of 29th August 2024 being set aside.…

…of Appeal, which matters are not part of this appeal. d) The entire Memorandum of Appeal is fatally and incurably defective and should be dismissed, with costs. 3.…

…the Memorandum of Appeal. 19.…

…He deposed that the Memorandum of Appeal was filed on 29th July 2025 within the statutory period and that the matter was initially registered as HCCSCA No.…

…of Appeal was filed under Order 42 Rule 1 of the Civil Procedure Rules; and thirdly, that the Memorandum of Appeal challenged both findings of law and fact contrary to Section 38(1) of the Small Claims Court Act. 22.…

…the Memorandum of Appeal and the dismissal of the appeal in limine. 2.…

…Memorandum Of Appeal lodged herein on 25 th September, 2025. e) THAT the Costs of this Application be provided for. 7.…