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…He stated that he was never served with the pleadings of the instant matter, only for the 1st, 2nd 3rd, and 4th Respondents to apply for the matter to proceed to Out-of-Court settlement.…

…His Counsel informed the Court that he wanted the Court to determine his application of 19th March 2024, because he had not been served with the pleadings nor been involved in the out-of-Court settlement, and argued that…

…The court itself is as bound by the pleadings of the parties as they are themselves.…

…It is by now well settled by precedent that parties are bound by their pleadings and that evidence which tends to be at variance with the pleadings is for rejection.…

…The 3rd respondent has submitted all necessary pleadings and has a defensible, meritorious case. 7.…

…Accordingly, nothing turns on this issue as parties were bound by their pleadings as filed. 38. Pleadings are the bedrock upon which all the proceedings derive from.…

…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.…

…The appellant has filed what he has described as “application for amendment of pleadings and court records”.…

…can be reintroduced as pleadings and affidavits in fresh suit or appeal and adopted as such.…

…According to him, the directions were never complied with despite a reminder dated 26th February 2026 requesting the pleadings. 3.…

…He therefore contends that the allegation that pleadings were never served is not truthful. 10.…

…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…

…listing the members of the families represented in the suit in his pleadings and filing the requisite authority to file the suit. 4.…

…to amend the pleadings, counsel for 1st interested party, Mr.…

…Failure to disclose those facts in the pleadings and affidavit disentitles the applicant of judicial review orders of mandamus.…

…In other words, the application and statutory statement do not disclose the cause of action, noting that annextures are not pleadings and neither are pleadings evidence.…

…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…

…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 of…

…The object of amendment of pleadings is to enable the parties to alter their pleadings so as to ensure that the litigation between them is conducted, not on the false hypothesis of the facts already pleaded or the relief…

…The power to amend pleadings can be exercised at any stage of the proceedings before judgment.…

…However in cases where an applicant opts to move the court under The Fair Administrative Action Rules 2024, The Origination Notice of Motion becomes the initiating pleadings. 19.…

…Sometimes, pleadings can be vague or unclear, and it’s the judge’s responsibility to clarify ambiguities.…

…Pleadings must meet certain procedural and substantive requirements.…

…That aside, I observe that the Chamber Summons, Certificate of Urgency and Statutory Statement all dated 8/10/2025 are not signed hence, no authentication or ownership of the pleadings.…

…I hereby strike out the pleadings as filed for being incompetent and lack of authentication. I make no orders as to costs. This file is closed. Dated, Signed and Delivered at Nairobi this 9 th Day of October, 2025 '…

…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…

…The power to amend pleadings can be exercised by the court at any stage of the proceedings. To allow or disallow a party to amend pleadings, is an exercise of the court’s discretion.…

…The Court of Appeal in St Patrick’s Hill School Ltd vs Bank of Africa Kenya Ltd (2018) eKLR set out the principles governing amendment of pleadings as follows: - “a) The power of the court to allow amendments is intended…

…The pleadings, in Judicial Review proceedings, is the statutory statement.…

…The affidavit merely expounds or verifies the pleadings, and the critical information, such as the suit where the decree was obtained, must be in the pleadings. 7.…

…The application was argued orally with parties’ counsel reiterating the positions in the depositions and pleadings. 9. I need not rehash the pleadings, depositions and submissions for three reasons.…

…The question that I will answer in the succeeding paragraphs of this judgment is what are the consequences of having unsigned pleadings and what about there being, in essence, no notice of motion filed at all, pursuant to…

…From the pleadings in this case, I have no doubt that it is one such case suitable for Notice to be given by Public Advertisement because of the huge number of persons on whose behalf or for whose benefit the suit is instituted…

…précis-writing of the suit, which many of us did in our elementary education: make a clear presentation of the salient cause of action and relief sought in the suit by, as far as possible, lifting terms and phrases from the original pleadings…