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…It is now a principal of trite law that parties are bound by their pleadings and that any evidence led by any of the parties which does not support the averments in the pleadings or put in another way, which is at variance…

…with the averments of the pleadings goes to no issue must be disregarded.…

…As pointed out herein above, the petitioner/applicant filed the instant application seeking leave of this court to amend his pleadings/petition in the manner indicated in the draft amended petition annexed to the affidavit…

…The reasons given by the respondent for opposing the application are not cogent or good enough to warrant denying the applicant leave to amend his pleadings as the respondent will have a chance to amend his pleadings if need…

…A party that wishes to amend its pleadings at any stage of the proceedings may do so with the leave of the Court. 15.…

…The issue of amendment of pleadings is not novel and has been the subject of numerous court decisions, the common denominator being that as a general principle, courts will normally allow amendment of pleadings at any stage…

…The application is based on the ground that:- (a) the plaintiff has taken no further steps in the matter since the close of pleadings; and (b) the plaintiff has failed to comply with the order of Mulwa, J. dated 6.3.2001…

…There being no reply to defence, the pleadings are deemed to have been closed on or about 10.11.1999. From then onwards up to 11.4.2000, the plaintiff took no step whatsoever to prosecute the suit.…

…Order 12 Rule 6 reads as follows: “6 Any party may at any stage of a suit, where admission of facts has been made, either on the pleadings or otherwise, apply to the court for such judgment or order as upon such admissions…

…Request for and answer to particulars form part of pleadings. Even if that were not the case, rule 6 aforesaid provides for admission either on the pleadings or otherwise.…

…The court has carefully considered the ground on the preliminary objection, submissions by the learned counsel for the 3rd respondent and petitioners, superior courts decisions cited thereon, the pleadings filed and come…

…That the 3rd respondent has submitted that the petitioners have admitted through their pleadings that they had lodged their claim of historical injustice with the 1st respondent, and that it was still pending determination…

…Further that the petitioners did not mention the applicants in their pleadings. That the petitioners are not aware of the applicant’s involvement in the respondents’ violation of the petitioners’ rights.…

…V Trust Bank & 4 Others, CA No. 222 of 1998, when it affirmed that the guiding principle in amendment of pleadings and joinder of parties is that: “all amendments should be freely allowed and at any stage of the proceedings…

…The Petition was canvassed through affidavit evidence, pleadings on record and written submissions.…

…Jurisdiction cannot be conferred even by consent of the parties or by innovation whether in drafting of pleadings or on the part of the Court.…

…As the pleadings stand it is clear that there is no commercial transaction disclosed between the plaintiffs and the second defendant.…

…There is also an apparent error of fact on the face of the record that the claim of plaintiffs against the second defendant arises from a private transaction which finding of facts is contrary to the pleadings.…

…When the suit came up for hearing the plaintiff gave evidence in line with his pleadings and explained how he was injured.…

…I have considered the evidence of the plaintiff and the doctor and relate the same to the pleadings. The evidence remains uncontroverted and I believe the defendant is liable for the injuries sustained by the plaintiff.…

…Applying those principles to the instant case, requires a look at the pleadings, proceedings and judgment in the former case, and a look at the pleadings and issues in the present case. What I find is this.…

…Whether a matter was directly and substantially in issue in a former suit is to be determined by a reference to the pleadings, the issues and judgment.…

…We speak particularly knowing that the whole function of pleadings, hearings, submissions and the judicial decision is to define issues in litigation and adjudication, and to demand exactitude ex ante is to miss the point…

…Pleadings assist in that regard and are a tenet of substantive justice, as they give fair notice to the other party.…

…It is based on the following grounds that the court had previously issued directions on the timelines for filing pleadings and documents, which the 2nd Respondent has blatantly disregarded.…

…That the Petitioners have already presented 10 witnesses who have testified based on the pleadings and documents on record, and the filing of new documents at this stage is highly prejudicial.…

…I have seen nothing in the pleadings or the affidavits that incriminate adversely the position of the first defendant. What then is the cause of action shown by the plaintiff against the first defendant?…

…In the pleadings there are no allegations of forgery against the 3rd defendant Mrs Gladys Boss Shollei.…

…The 3rd Respondent averred that amendment of pleadings can be undertaken at any stage of the proceedings.…

…A party that wishes to amend its pleadings at any stage of the proceedings may do so with the leave of the Court.”…

…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…

…With respect to instructions fees it was submitted that the Taxing Master failed to determine the actual value of the subject matter from the pleadings or Judgement.…

…I am not sure whether the provisions of Article 159 can cure or aid in disregarding the laid down procedure in the filing of pleadings.…

…brought under the wrong provisions of the law as opposed to Constitution of Kenya (Protection of Rights and Fundamental Freedoms) Practice and Procedure Rules, 2013; (ii) That other than disowning the stamp imposed on the pleadings…

…Both the 3rd respondent/applicant and the petitioner /respondent filed submissions reiterating the arguments advanced in the pleadings. Analysis and Determination 10.…

…He suspects that the plaintiff’s allegations in her pleadings are because she is unhappy and angry that he is going to marry someone else. In this regard he has annexed her letter to him.…

…In the context of the pleadings filed herein, it has to be said that if the partnership is proved to have irretriveably broken down, as alleged by the plaintiff then the orders sought in the plaint will inevitably be granted…