Civil Pleadings Memorandum Of Appeal From Primary Court To District Court

Memorandum of Appeal from Primary Court to District court

IN THE DISTRICT COURT OF __________

AT __________




CIVIL APPEAL NO. _____ OF ________(Appeal from the Judgment and Decree delivered by the Primary Court of __________ (_________, PCM) dated ________)

________________________ _______ APPELLANT

VERSUS

____________________..  _______ RESPONDENT

MEMORANDUM OF APPEAL

The Appellant above named being aggrieved by the Judgement of the Primary Court of ________ at ________ (Hon. _______, ) in  Civil case No. ______ of ______, hereby appeals against the whole of the ruling and the order thereof on the following grounds:

That the learned Magistrate erred in law and in fact by _________________________________________________________

That the learned trial Magistrate erred in law and in fact to______________________________

That the learned trial Magistrate erred in law and in fact by ___________________

WHEREFORE the Appellant prays that the appeal be allowed, the decision of the Primary Magistrate’s Court be reversed, the orders thereon be set aside, and the respondent be condemned to costs.

Dated at _________ this ______ day of ________, _______________.

           APPELLANT

                     Presented for filing this ______ day of ________, ______

        ______________

                REGISTRY OFFICE

COPY TO BE SERVED UPON:

DRAWN AND FILED BY:




ABC & COMPANY,

ADVOCATES,

P.O.BOX ______,

___________________




2. Sample of Memorandum of Appeal from District court when (exercising original jurisdiction) or Resident Magistrate Court to High Court

IN THE HIGH COURT OF 

AT _________

CIVIL APPEAL NO. _____ OF ______




(From the original District Court of ________ Miscellaneous Civil Application No. _____ of ____)

____________________  ________ APPELLANT

VERSUS

____________________  ______ RESPONDENT


MEMORANDUM OF APPEAL

The Appellant above named being aggrieved by the Ruling of the District Court of ________ at ________ (Hon. _______, SRM) in Miscellaneous Civil Application No. ______ of ______, hereby appeals against the whole of the ruling and the order thereof on the following grounds:

That the learned Magistrate erred in law and in fact by _________________________________________________________

That the learned trial Magistrate erred in law and in fact to______________________________

That the learned trial Magistrate erred in law and in fact by ___________________

 That without prejudice to the third ground of appeal the learned trial  Magistrate erred in law and in fact in ordering __________________

WHEREOF, the appellant prays for the ruling of the trial Court to be quashed and set – aside and Ruling to be entered for the Appellant as prayed for in the Application.




Dated at _________ this ______ day of ________, ______


  ___________

           APPELLANT


Presented for filing this ______ day of ________, ______

        
______________

                REGISTRY OFFICER

COPY TO BE SERVED UPON:


Respondent


DRAWN AND FILED BY:




ABC & COMPANY,

ADVOCATES,

P.O.BOX ______,

___________________