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…Zablon Mathenge Itewa (2018) eKLR and Order 2 Rule 15 of the Civil Procedure Rules wherein the principles governing the striking out of pleadings were outlined. The Duty of the Court In Abok James Odera & Associates vs.…

…Courts have taken the position that striking out of pleadings involves exercise of discretion which should be exercised sparingly and only in the clearest of cases.…

…Pleadings are filed by the parties. The principal pleadings are by he who originates the proceedings. They belong to them, and not to the court.…

…Defective pleadings are curable, by amendment, before the prosecution closes its case. The court cannot act on his own motion, or suo moto, to amend pleadings.…

…However, in certain circumstances, depending on the pleadings in either matter, it may be imprudent to initiate criminal proceedings, if the issues raised in the criminal proceedings are likely to compromise or embarrass…

…I note that the trial court record reviewed pleadings, in a land matter, ELC No. 111 /2016. I have seen that document, marked as a defence exhibit.…

…However, in certain circumstances, depending on the pleadings in either matter, it may be imprudent to initiate criminal proceedings, if the issues raised in the criminal proceedings are likely to compromise or embarrass…

…I note that the trial court record reviewed pleadings, in a land matter, ELC No. 111 /2016. I have seen that document, marked as a defence exhibit.…

…The appellant pleaded with this court to find that she was basically acting in good faith when she drew the subject pleadings for filing in court. 24.…

…He denied knowing Perister Omwenga or any person who signed the pleadings.…

…It is a principle of law that parties are generally bound and confined to their pleadings unless pleadings are amended during the hearing of a case. The pleadings must be logical and intelligible.…

…159(2)(d) of the Constitution that calls for focus on substantive justice, I will consider the appeal on its merits given that the Appellant is unrepresented and might not be very conversant with the rules of drafting of pleadings…

…I have evaluated the entire record, from the pleadings, the testimonies recorded from the witnesses, and the judgment of the court, and I have drawn my own conclusions. 11.…

…It is something that the prosecution ought to have addressed, even if it required amendment of the pleadings or the charge. Parties are bound by their pleadings.…

…It is apparent that the Applicant was recently convicted given that the trial file is a 2023 one contrary to his pleadings.…

…The pleadings, in appeals, is the memorandum of appeal in civil appeals, and the petition of appeal in criminal appeals. It is trite that the parties are bound by their pleadings.…

…Written submissions ought to be confined to the grounds stated in the pleadings, in this case, the petition of appeal.…

…(iv) THAT I aver and affirm 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 and must be disregarded.…

…The Court considered pleadings and submissions by parties through Counsel.…

…Applying these legal principles outlined hereinbove, on the facts of instant matter; at the outset the Court notes with concern that despite very detailed pleadings and written submissions by parties through respective Counsel…

…(iv) THAT I aver and affirm 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 and must be disregarded.…

…a formal challenge raised at the start of a case, arguing there's a fundamental legal or procedural reason why the court shouldn't hear the case or proceed further, often focusing on jurisdiction, standing, or flaws in pleadings…

…Ltd v West End Distributors Ltd. (1969) EA 696, where the Court held as follows: “ a preliminary objection consists of a point of law which has been pleaded or which arises by clear implication out of pleadings and which…

…The last documents the appellant seeks to adduce are pleadings in Thika ELC number E028 of 2023. This matter was filed in 2023 after the judgment in the lower court was delivered.…

…Obviously, the applicant would not have had opportunity to get these pleadings. But of what probative value would they have in this appeal? I don’t see any. In my opinion, it should be the reverse.…

…The last documents the appellant seeks to adduce are pleadings in Thika ELC number E028 of 2023. This matter was filed in 2023 after the judgment in the lower court was delivered.…

…Obviously, the applicant would not have had opportunity to get these pleadings. But of what probative value would they have in this appeal? I don’t see any. In my opinion, it should be the reverse.…

…Pleadings 4.…

…The upshot is that after considering the pleadings, submissions made and the law, I do hold that prayer (6) of the notice of motion Application dated 8 th July 2026 lacks Merit and the same is Dismissed. 16 .…

…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.…