ADVOKS GLOBAL · KENYA
The Court of Appeal Rules
107. Arguments at hearing
Edition: 2022-12-31 · In force
107. Arguments at hearing
At the hearing of an appeal—(a)no party shall, without the leave of the Court, argue that the decision of the superior court should be reversed or varied except on a ground specified in the memorandum of appeal or a notice of cross-appeal, or support the decision of the superior court on any ground not relied on by that court or specified in a notice given under rule 95 or rule 96;(b)a respondent shall not, without the leave of the Court, raise any objection to the competence of the appeal which might have been raised by application under rule 86;(c)the Court shall not allow an appeal or cross-appeal on any ground not set forth or implicit in the memorandum of appeal or notice of cross-appeal without affording the respondent or any person who, in relation to that ground, should have been made a respondent, or the appellant, as the case may be, an opportunity of being heard on that ground;and(d)the arguments contained in any statement lodged under rule 100 shall receive the same consideration as if they had been advanced orally at the hearing.