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…for permission to add the second defendant apparently on the basis that in the circumstances the addition of the new second defendant was an amendment of the plaint and not an addition of a party, made before the close of pleadings…

…It provides: “(1) A party may, without the leave of the court, amend any pleading of his once at any time before the pleadings are closed” and that the amendment dated from the date of the plaint.…

…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.…

…Pleadings are the bedrock upon which all the proceedings derive from. It hence follows that any evidence adduced in a matter must be in consonance with the pleadings.…

…Kamau & another v Kyalo & another [2025] KEHC 2491 (KLR) held as follows: “It is trite that parties are bound by their pleadings and any evidence that is at variance with the pleadings goes to no issue.…

…Pleadings are the bedrock upon which all the proceedings derive from. It hence follows that any evidence adduced in a matter must be in consonance with the pleadings.…

…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.…

…Pleadings are the bedrock upon which all the proceedings derive from. It hence follows that any evidence adduced in a matter must be in consonance with the pleadings.…

…leave to amend their pleadings. c) Despite of this, the Defendant amended its pleadings beyond the scope granted by the Honourable Court. d) The amendments made by the Plaintiff were technical in nature and never affected…

…According to the Defendant/Applicant, neither the general power of the court to allow amendment of pleadings nor the object of amending pleadings is an issue of conflict in the present application.…

…The Court would require examination of the pleadings filed in the succession proceedings, the issues framed therein, and comparison with the pleadings before this Court.…

…Such an exercise necessarily entails consideration of factual material beyond the pleadings presently before Court. 23.…

…Defendant’s case that the Amended Plaint had been filed without the Court’s leave and after the close of pleadings. 9.   …

…As it were, amendment of pleadings is governed by Section 100 of the Civil Procedure Act, Cap 21 of the Laws of Kenya which provides as follows: “100.…

…The Court shall therefore determine the Preliminary Objection on the basis of the pleadings and the parties' written submissions. 8.…

…By its own wording, therefore, the objection invites the Court to consider evidentiary material beyond the pleadings. 14.…

…In the instant matter, it is apparent the taxing officer relied on the pleadings to determine the value of the subject matter.…

…However, it would appear the taxing officer took into consideration the plaintiff’s pleadings but failed to read and take into account the defendants’ pleadings/responses to come up with unbiased verdict informed by entire…

…THAT the Honourable Court be pleased to grant leave to the Applicants to amend their pleadings as per the annexed Draft Amended Originating Summons. e.…

…Whether leave to amend pleadings should be granted at this stage 36. Under this sub title, the Applicants seek leave to amend their pleadings.…

…Where it happens before judgment, it is the pleadings that form the basis for determining subject value.…

…Just as one would not start with the pleadings in the face of a judgment, it is indubitable that one cannot start with the pleadings where there is a settlement…...”…

…He therefore argued that there was evidence that pleadings had not closed in this case as required by order XVI Rule 5.…

…The court will begin by considering whether or not the application is defeated by the pleadings not being close.…

…To the extent that the WhatsApp message shed more light on the pleadings herein the same cannot be termed offensive. 5 Further it is deponed that the same WhatsApp communication have been filed together with the affidavit…

…I say so because the WhatsApp platform was not the legal forum for the 3rd Defendant to respond to the pleadings served upon him.…

…The amendment of pleadings is a discretionary power vested with the court.…

…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…

…The pleadings in the said suit were taken to be the defence and from the record, I see no amendments made to the said pleadings.  The importance of pleadings cannot be gainsaid.…

…The court is bound to determine a dispute on the basis of the pleadings filed by the parties and the evidence adduced on the basis of such pleadings.…

…sworn on the 18th July 2025, in which she inter alia deposed that the taxing officer taxed the Bill of Costs at Kshs.1,685,040.31; that taxing officer derived the value of the subject matter of Kshs.68,541,182 from the pleadings…

…6 of the Advocates Remuneration Order, actually provides that the value for purposes of calculating the instruction fees can be determined from pleadings, judgement or settlement between the parties. c.…

…The Court shall therefore determine the Preliminary Objection on the basis of the pleadings and the parties' written submissions. 8.…

…By its own wording, therefore, the objection invites the Court to consider evidentiary material beyond the pleadings. 14.…

…Order 8 of the Civil Procedure Rules expounds on the process and requirements for amendment of pleadings.…

…Under Order 8 Rule 1, a party may amend his pleadings without leave of the court at any time before the pleadings are closed. However, after the close of pleadings, a party must seek leave to amend their pleading.…

…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.…

…Pleadings are the bedrock upon which all the proceedings derive from. It hence follows that any evidence adduced in a matter must be in consonance with the pleadings.…