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…No prejudice or injustice had been suered by the appellants in the appeal by the procedural irregularity in the pleadings that occurred. Appeal dismissed. Citations 1.…

…Had issues been framed at the hearing, the necessity for amendment of the pleadings would immediately have become apparent, and much trouble and expense avoided.…

…The records show that the parties were subsequently represented by Advocates although in the pleadings were not amended and several applications and counter applications were presented at the interlocutory stage.…

…Due to the nature of the proceedings, this appeal should be allowed and the matter referred to retrial but looking at the pleadings, certain issues emerge that touches on the validity of the claims and the jurisdiction of…

…The one issue raised by the pleadings was whether or not, the appellant held the material parcel of land in trust for himself and the respondents.…

…It would therefore be unreasonable to expect the elders to have confined themselves to what is described in the memorandum of appeal, as issues raised in the pleadings.…

…We cannot tell from the pleadings whether the appellant was referring to the same parcel of land to which the counterclaim relates.…

…I recognize that parties are bound by their pleadings and I am unable to reconcile how in her evidence petitioner claims to have been tricked into marriage and she didn’t even release they had had a wedding, yet in her pleadings…

…Amended pleadings in defence would be no more onerous than pleading to a new suit. Abortive pleadings to date can be compensated in costs.…

…The mere fact that the first respondent may succeed on the amended pleadings where it would have failed on the original pleadings is not an injustice to the appellant.…

…The appeal No. 53/93 filed by the applicant was on 27th July, 1999 struck out for failure to comply with Rule 85(1)(c) in that primary documents by way of pleadings were not included in the record.…

…I shall briefly now refer to the pleadings. The filed defence of the 1st respondent increased this sum to Shs 300,000/=.…

…I do not find favour with Mr Mithega’s submission that the Court has a duty to look at the pleadings and determine whether it has jurisdiction.…

…These follow the usual, stereotyped, particulars of negligence which can be obtained from any book on pleadings and civil procedure.…

…Adogo said that if the overloading of the scrap metal on the tractor was the cause of the Appellant jumping off, then this was not pleaded and was another instance of the variation between the pleadings and the evidence which…

…Civil Practice and Procedure – pleadings – striking out of pleadings – application to strike out plaint for not disclosing a cause of action – whether a party who has not been served with plaint can make such application…

…Mr Ombaka submitted that Order VI rule 13 (he actually said Order V rule 13) must be read in the context of the entire code and in particular to order VI rule 1 which empowers a party to amend once before the pleadings are…

…Before dealing with the important points of law raised in this appeal, it is necessary to set out the relevant facts which are established by the pleadings and by the evidence. 2.…

…There is in the Bankruptcy Notice no 10 file notice of appointment by the debtors advocates filed on 8/10/90 and also a letter by the Debtors advocates dated 15/10/90 asking for copies of the pleadings for service and action…

…Why would the debtors advocate file on 15/10/90 a letter asking the Registrar of this court to supply him with pleadings of the debtor had been served with Bankruptcy Notice and relevant documents on 29/9/90?…

…Civil Practice and Procedure – pleadings – striking out of pleadings – application to strike out plaint for not disclosing a cause of action – whether a party who has not been served with plaint can make such application…

…Mr Ombaka submitted that Order VI rule 13 (he actually said Order V rule 13) must be read in the context of the entire code and in particular to order VI rule 1 which empowers a party to amend once before the pleadings are…

…He was taken through the pleadings and the affidavits with their annexures.…

…So much for the pleadings, the correspondence, the proceedings in the High Court and the submissions of the advocates for the parties. The relevant law follows.…

…It is not in dispute that the first respondent has not in all the pleadings, correspondents, affidavits and documents disclosed its physical address. Its only address is given as P. O. Box 88892, Mombasa.…

…I have carefully read and critically put into account all the led pleadings, the written submissions, cited authorities relied on and the relevant provisions of the appropriate and enabling laws with regard to the instant…

…but that the claim of violation must be discernible from whatever pleadings have been placed before the court.…

…I have carefully read and critically put into account all the led pleadings, the written submissions, cited authorities relied on and the relevant provisions of the appropriate and enabling laws with regard to the instant…

…but that the claim of violation must be discernible from whatever pleadings have been placed before the court.…

…I have carefully read and critically put into account all the led pleadings, the written submissions, cited authorities relied on and the relevant provisions of the appropriate and enabling laws with regard to the instant…

…but that the claim of violation must be discernible from whatever pleadings have been placed before the court.…

…The former is for failure to attend court on the day fixed for hearing of a suit in which pleadings have closed, whereas the latter is for failing to take an essential step in the pleadings and is entered upon the defendant…