Case law
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Division and case type: CivilMiscellaneous Civil Application
…That the Honourable Court be pleased to grant the applicant leave out of time and consequently, the draft Memorandum of Appeal attached herein be deemed to have been properly filed within time. (2).…
…That the draft memorandum of appeal sets out the grounds to demonstrate that the appeal has high chances of success. The respondent filed grounds of opposition as a rejoinder to the application dated 27.11.2020.…
Division and case type: CivilCivil Appeal
…Mr Pandya contends that even if damages were to be awarded, this factor had to be taken into account and this latter contention must be the basis of ground 2 in the memorandum of appeal which complains that the Shs 100,000…
…Were the damages awarded excessive as claimed in ground two of the memorandum of appeal?…
Division and case type: CivilCivil Appeal
…The appellant appealed against the award of damages based on the memorandum of appeal dated 7th August 2018 on two grounds.…
Division and case type: CivilCivil Suit
…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…
Division and case type: CivilCivil Case
…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…
Division and case type: CivilCivil Suit
…I therefore now turn to the criticisms made in the Memorandum of Appeal that he so misdirected himself in material respects that the decision ought not to stand.…
…The first ground in his Memorandum of Appeal was that there was a misdirection when the judge held that all three boys, the plaintiff, Koroso, who was his brother and Charles Mageto, were children of tender years and that…
Division and case type: CivilCivil Appeal
…these awards in the High Court at Mombasa on April 30, 1984: Kshs Net special damages 13,150 Loss of future earnings 63,000 General damages 250,000 Total 326,150 The appellant has come to this court because (in the words of…
…his memorandum of appeal of June 5, 1984. 1) The learned judge erred in awarding Kshs 250,000 by way of general damages for pain and suffering and loss of the amenities of life for the injuries he sustained. 2) The learned…
Division and case type: CivilCivil Appeal
…these awards in the High Court at Mombasa on April 30, 1984: Kshs Net special damages 13,150 Loss of future earnings 63,000 General damages 250,000 Total 326,150 The appellant has come to this court because (in the words of…
…his memorandum of appeal of June 5, 1984. 1) The learned judge erred in awarding Kshs 250,000 by way of general damages for pain and suffering and loss of the amenities of life for the injuries he sustained. 2) The learned…
Division and case type: CivilCivil Appeal
…RESPODENT (Appeal from the adjournment order on cost and ruling of the High Court of Kenya at Mombasa (Aragon J) dated February 14, 1986 In Civil Case NO 867 (O S of 1985) __________________ JUDGMENT OF PLATT, AG J A In the memorandum…
…of appeal it is protested that several steps in the proceedings were undertaken so unreasonably, that there was a failure of justice.…
Division and case type: CivilCivil Appeal
…Mr Aboo’s client was aggrieved by this so Mr Aboo filed its memorandum of appeal on May 23, 1984 with these four grounds: (a) That the learned judge erred in law in holding that the plaintiff’s right of action had not expired…
Division and case type: CriminalCriminal Appeal
…Though it was not raised in Vijay’s Memorandum of Appeal or in argument, we feel bound to refer to the request for the assessors to remain in court during the trial within a trial held to determine the amdinissibility of…