Case law
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Division and case type: CivilMiscellaneous Application
…The error in the original plaint contravened the nature of pleadings which is: “the means by which the parties are enabled to state and frame the issues ...…
…The system of pleadings operates to define and delimit with clarity and precision the real matters in controversy between the parties upon which they can prepare and present their respective cases ...”…
Division and case type: Constitutional and Human RightsElection Petition
…(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.…
Division and case type: Constitutional and Human RightsElection Petition
…(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.…
Division and case type: CivilMiscellaneous Application
…The applicant annexed copies of pleadings and order of the court issued on 7.10.2004.…
…After considering submissions by learned counsels for both parties, the pleadings before me, the law as provided in the Children’s Act, and the various International Legal Instruments to which Kenya is a signatory, I am satisfied…
Division and case type: Environment and LandMiscellaneous Application
…The Tribunal has carefully considered the pleadings, evidence and the written submissions by counsels of the respective parties and the authorities relied upon.…
…Based on this issue and the other issues raised in the pleadings, the issues before this Tribunal are: I. Whether the Respondent was negligent II. What is the quantum of damages if any. I.…
Division and case type: Constitutional and Human RightsElection Petition
…Having heard all the above and gone over the pleadings, depositions, previous proceedings here plus the authorities presented, this is the court’s determination here.…
Division and case type: CivilMiscellaneous Application
…Indeed Donaldson J as the vacation judge, tried an action for a declaration inter partes on Saturday September 16, 1967, on a draft writ without pleadings and gave judgment on an undertaking to issue the writ on Monday.…
Division and case type: CivilMiscellaneous Application
…It is worth noting that the pleadings in Embu PMCC 74 of 1991 were not annexed to any of the affidavits filed in this matter before me. On the 16th April, 1999, however, KENYAC as a chargee in respect of L.R.…
Division and case type: CivilMiscellaneous Application
…He advised the advocates for the parties to get on with the pleadings and then appear before him for early hearing dates for the trial.…