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 RightsPetition
…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…
Division and case type: Constitutional and Human RightsPetition
…There is in the Bankruptcy Notice no 10 file notice of appointment by the debtors advocates filed on 8/10/90 and also a letter by the Debtors advocates dated 15/10/90 asking for copies of the pleadings for service and action…
…Why would the debtors advocate file on 15/10/90 a letter asking the Registrar of this court to supply him with pleadings of the debtor had been served with Bankruptcy Notice and relevant documents on 29/9/90?…
Division and case type: Environment and LandPetition
…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.…
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: Constitutional and Human RightsPetition
…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 RightsPetition
…The Respondent company relies on r.202of the said Winding Up Rules which avoids invalidity of steps on account of informal defects in pleadings. That was the position in the case of JITENDARA BRAHMBHATT Vs.…
Division and case type: Anti-CorruptionPetition
…However, from the pleadings and the record, the bone of contention in the instant Application is not per se the Consent Orders of 3rd December, 2014 but in fact the orders issued on 2nd July, 2015.…
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.…