Search court decisions

…In the memorandum of appeal he lists at least nine grounds upon which he intends to take up in the appeal. A casuary glance at the grounds raised I am satisfied that the appeal is not frivolous.…

…Consequently, I hereby grant the applicant leave to file his Memorandum of appeal within 14 days from the date of this order. Dated and delivered at Kisumu on this 19th day of March, 1999. E.…

…This point, however has not been taken in the appellant’s memorandum of appeal, neither, in our view, could it be, as it did not form part of the prosecution case but was volunteered from the dock by the appellant.…

…Mr Azangalala also alleged in his memorandum of appeal that the magistrate had misdirected himself as regards the burden of proof and had failed specifically to state that he found the charge proved against the appellant…

…Gatonye filed a petition (he called it a memorandum!)…

…of appeal with five grounds: that the plea was not unequivocal because the facts reproduced did not disclose an offence that the date of the offence in the charge sheet differed with that in the P3 form.…

…In his memorandum of appeal, the appellant invites us to reverse the judgment and award him damages on the various heads claimed in the plaint. We are satisfied those claims were based on a mistaken view of the law.…

…The appellant’s first memorandum of appeal contained eleven grounds.…

…On his second appeal to this Court, the appellant exhibited a curious reticence in lodging his memorandum of appeal, and over a year’s delay in the hearing was caused by an alleged hiatus between himself and his advocates…

…The appellant’s first memorandum of appeal contained eleven grounds.…

…On his second appeal to this Court, the appellant exhibited a curious reticence in lodging his memorandum of appeal, and over a year’s delay in the hearing was caused by an alleged hiatus between himself and his advocates…

…The appellant's advocate stated Olaga went for the appellant with the mattock first and the appellant repeats this in his memorandum of appeal. Otherwise the facts were agreed.…

…He has listed 4 grounds in his Memorandum of Appeal namely:- 1. That the trial Magistrate erred in both law and fact by convicting him on a single evidence without any corroboration. 2.…

…The advocate further stated that a memorandum of appeal had been filed and that a hearing date was due to be fixed by the High Court registry.…

…That power should be sparingly used, and only in the clearest cases, such as an appeal based entirely on points of fact, raising no questions of law, and not where, as in this case, the memorandum of appeal raised substantial…

…the High Court at Mombasa, Bhandari J) RULING The applicant Securicor (K) Limited, gave notice on October 21 1986 that it would move the court for an order that leave be granted to the applicant, to amend the applicant’s memorandum…

…of appeal, which had been filed in Civil Appeal No 67 of 1985.…

…The appeal herein was lodged on 5th July 2023 vide Memorandum of Appeal dated 4th July 2023. 5. The lower court le was called for and it was availed to this court on 20th December 2023.…

…To be precise the memorandum of appeal couches the grounds of appeal as follows - “(1) The learned judge erred in law in holding that proper date for conversion of damages in Italian Lira into Kenya Shillings was on 25th…

…The case was argued by Mr Khakula on behalf of the appellant, following his second Memorandum of Appeal, on the basis that neither the trial magistrate nor the learned first appellate judge gave any or adequate consideration…

…In his memorandum of appeal, the appellant has challenged the decisions of the lower courts on the following among other grounds, that is to say: 1.…

…The foregoing matters formed grounds 2 and 10(a) and (b) of the amended memorandum of appeal but they represented the bulk of Mr Prinja's argument.…

…The memorandum of appeal contains four ground of appeal. The first and second are a complaint that the judge misdirected himself by dealing with the issue of liability.…

…In his short memorandum of appeal, the plaintiff says that the trial judge erred in law by allowing the defendant to adduce evidence of what purportedly took place on September 18, 1976 thereby prejudicing the plaintiff’s…

…The memorandum of appeal contains ve grounds of appeal. If I may say so without disrespect to counsel, they are not particularly weighty ones.…