Case law
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Division and case type: Milimani Commercial CourtsCivil Case
…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.…
Division and case type: CivilCivil Case
…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.…
Division and case type: CivilCivil Case
…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.…
Division and case type: CivilCivil Case
…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.…
Division and case type: CivilCivil Case
…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…
Division and case type: CivilCivil Case
…The prayer to sell by private treaty had been omitted and it is apparent from the pleadings that negotiations were underway to sell the property by private treaty but the defendant refused to release photostat copies of the…
…My reading of the pleadings in the present suit is that despite the fact that the plaintiffs obtained an injunction restraining the 2nd defendant from selling the property, it nevertheless went ahead and allowed the 1st defendant…
Division and case type: CivilCivil Case
…Having considered the pleadings in this case the evidence of Hosider “Cawasji Bapuji Mistri (PW1) and the supporting documents I am satisfied that the plainuffs' claim has been sufficiently proved.…
Division and case type: Milimani Commercial CourtsCivil Case
…After considering the pleadings and the submissions by counsel, I find that the only issue arising for determination is whether the suit is properly commenced in the name of the right party.…
Division and case type: Milimani Commercial CourtsCivil Case
…After considering the pleadings and the submissions by counsel, I find that the only issue arising for determination is whether the suit is properly commenced in the name of the right party.…
Division and case type: CivilCivil Case
…If the court holds that no cause of action is disclosed by the pleadings or that such cause of action as is pleaded is far too doubtful for it to rely on, the court must refuse the injunction.…
…Applying these principles to the present application and upon a full examination of the pleadings, the affidavits filed in support and in opposition and the annexures thereto and after hearing the viva voce testimony of the…
Division and case type: CivilCivil Case
…She prayed for compensation as per her pleadings in court. As was rightly stated by the plaintiff in the counterclaim, the claims in the plaint or amended plaint were not proved against her.…
Division and case type: Milimani Commercial CourtsCivil Case
…The above is the summary of the salient issue raised in rival submission and pleadings in this matter.…
Division and case type: Milimani Commercial CourtsCivil Case
…Referring to the 1st Defendant’s pleadings, he cited the case of DAIMA BANK LTD. & ANOR. v. K.H.…
…According to the Plaintiff’s pleadings, the Agency Agreement between the parties was terminated by a notice dated 1st June, 2010. The Plaintiff came to Court on 30th June, 2010 seeking inter alia, injunctive orders.…
Division and case type: Milimani Commercial CourtsCivil Case
…The affidavit has numerous annextures including copies of a certificate of Title of the suit property, pleadings in HCCC No.82 of 2006 between Matex Commercial Supplies Ltd and the defendant, a Ruling of Warsame J in the…
Division and case type: Milimani Commercial CourtsCivil Case
…Having carefully considered all the arguments and having perused the pleadings and the authorities cited to me, I find that the plaintiff did indeed step in the shoes of the company for the rights and obligations under the…
Division and case type: CivilCivil Case
…The bitterness that has developed shows in her pleadings, affidavits and manner of speech.…
Division and case type: Milimani Commercial CourtsCivil Case
…On its part the Plaintiff has opposed the application upon the grounds that the application is misconceived and otherwise overtaken by events; that the particulars requested for cannot be properly sought in view of the pleadings…
Division and case type: CivilCivil Case
…From the pleadings filed it seems that the Mayor and the area Member of Parliament visited the site at night where the construction had proceeded even after dark. The residents protested against such development.…
Division and case type: CivilCivil Case
…It has been suggested that the decision in Wood v Leadbitter (4) turned merely on the pleadings and decided only that a right to enter and remain on land, though for no more than a limited period, required a deed to make…
Division and case type: CivilCivil Case
…I have read the pleadings herein. Together with that I have the submissions of both learned counsel, given to me in great detail outlining “the history’ of this case as they called it. If I understood Mr.…