Search court decisions

…It is trite law that parties are bound by their pleadings and any evidence which does not support the pleadings must be disregarded. This was clearly put by my brother A.C.…

…Ltd when he stated as follows: “It is now well settled by precedent that parties are bound by their pleadings and that evidence which tends to be at variance with pleadings is for rejection.…

…The respondent stated that parties are bound by the orders they seek in their pleadings.…

…Pleadings are the bedrock upon which all the proceedings derive from. It hence follows that any evidence adduced in a matter must be in consonance with the pleadings.…

…The original trial court records availed herein do not have the pleadings which were the foundation for the trial.…

…I am unable to tell whether the pleadings availed in the record of appeal were the same pleadings used at trial. 3.…

…Parties are bound by their pleadings.…

…One version is in the pleadings, the other is in the oral testimony.…

…First, cases are tried on the basis of pleadings filed by the parties. Pleadings are the foundation upon which a case is based. They outline each party’s case and defence against the other party’s case.…

…IEBC & 2 others (2017) eKLR found and held as follows in respect to the essence of pleadings in an election petition: - “In absence of pleadings, evidence if any, produced by the parties, cannot be considered.…

…When a party fails to tender evidence, their case is "cooked" (unproven), regardless of what is stated in the pleadings. Without evidence, pleadings are merely "bare" statements. 21. In the case of.…

…In Kahora v Ng'ang'a (Civil Appeal E956 of 2023) [2025] KEHC 11888 : Citing the Supreme Court, the court affirmed that evidence cannot be considered without pleadings, but pleadings themselves are not the evidence.…

…It is by now well settled by precedent that parties are bound by their pleadings and that evidence which tends to be at variance with the pleadings is for rejection.…

…Pleadings are the bedrock upon which all the proceedings derive from. It hence follows that any evidence adduced in a matter must be in consonance with the pleadings.…

…On the third issue of whether the trial court erred in finding that the pleadings filed in ELRC Petition No.…

…He submits that he did not publish or circulate the pleadings as they were part of a court record. 14.…

…The Appellant in its submissions has clearly explained why it thinks that the Magistrate erred in dismissing its application for the amendment of pleadings , it has looked into the principles for the amendment of pleadings…

…The amendment of pleadings is at the courts discretion pursuant to Order 8 Rule 5(1).…

…It is by now well settled by precedent that parties are bound by their pleadings and that evidence which tends to be at variance with the pleadings is for rejection.…

…Pleadings are the bedrock upon which all the proceedings derive from. It hence follows that any evidence adduced in a matter must be in consonance with the pleadings.…

…It has now become a principle of law that parties are bound by their pleadings.…

…Mrima stated as doth: It is by now well settled by precedent that parties are bound by their pleadings and that evidence which tends to be at variance with the pleadings is for rejection.…

…It has now become a principle of law that parties are bound by their pleadings.…

…Mrima stated as doth: It is by now well settled by precedent that parties are bound by their pleadings and that evidence which tends to be at variance with the pleadings is for rejection.…

…It has now become a principle of law that parties are bound by their pleadings.…

…Mrima stated as doth: It is by now well settled by precedent that parties are bound by their pleadings and that evidence which tends to be at variance with the pleadings is for rejection.…

…It has now become a principle of law that parties are bound by their pleadings.…

…Mrima stated as doth: It is by now well settled by precedent that parties are bound by their pleadings and that evidence which tends to be at variance with the pleadings is for rejection.…

…It has now become a principle of law that parties are bound by their pleadings.…

…Mrima stated as doth: It is by now well settled by precedent that parties are bound by their pleadings and that evidence which tends to be at variance with the pleadings is for rejection.…

…The Appellant submits that it is trite law that an amendment be made either before close of pleadings without leave of Court, but once the pleadings are closed, the party intending to amend a pleading has to do so only with…

…were ready to proceed and the pleadings and all the documents they sought to rely on bore the name Musa Chepyegon.…

…Submissions are essentially a marketing tool and not pleadings.…

…Pleadings are the bedrock upon which all the proceedings derive from. It hence follows that any evidence adduced in a matter must be in consonance with the pleadings.…

…The Appellant contended that this fact was expressly admitted in the pleadings and therefore ceased to be an issue for determination. 10.…

…He argued that this issue was clearly drawn from the pleadings and evidence, and was therefore germane to the determination of the suit.…

…It is by now well settled by precedent that parties are bound by their pleadings and that evidence which tends to be at variance with the pleadings is for rejection.…

…Pleadings are the bedrock upon which all the proceedings derive from. It hence follows that any evidence adduced in a matter must be in consonance with the pleadings.…