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ROBINSON KIPLAGAT TUWEI
V.
FELIX KIPCHOGE LIMO LANGAT

(2020) JELR 93219 (CA)

Court of Appeal 6 Nov 2020 Kenya
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Case Details

Suit Number:Civil Appeal 110 of 2019
Judges:Roselyn Naliaka Nambuye, Wanjiru Karanja, Kathurima M'inoti
Location:Eldoret
Other Citations:Robinson Kiplagat Tuwei v. Felix Kipchoge Limo Langat [2020] eKLR

JUDGMENT OF THE COURT

We are yet again confronted with an appeal founded on a memorandum of appeal that is drawn in total disregard of rule 86 of the Court of Appeal Rules. That rule demands that a memorandum of appeal must set forth concisely, without argument or narrative, the grounds upon which a judgment is impugned. What we have before us are some 18 grounds of appeal that lack focus and are repetitively tedious. It is certainly not edifying for counsel to present two dozen grounds of appeal, and end up arguing only two or three issues, on the myth that he has condensed the grounds of appeal.

This Court has repeatedly stated that counsel must take time to draw the memoranda of appeal in strict compliance with the rules of the Court. (See Abdi Ali Dere v. Firoz Hussein Tundal and 2 Others [2013] eKLR) and Nasri Ibrahim v. IEBC and 2 Others [2018] eKLR. In the latter case, this Court lamented:

“ We must reiterate that counsel must strive to make drafting of grounds of appeal an art, n…

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