Search court decisions

…No prejudice or injustice had been suered by the appellants in the appeal by the procedural irregularity in the pleadings that occurred. Appeal dismissed. Citations 1.…

…Had issues been framed at the hearing, the necessity for amendment of the pleadings would immediately have become apparent, and much trouble and expense avoided.…

…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 ...”…

…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 ...”…

…Amended pleadings in defence would be no more onerous than pleading to a new suit. Abortive pleadings to date can be compensated in costs.…

…The mere fact that the first respondent may succeed on the amended pleadings where it would have failed on the original pleadings is not an injustice to the appellant.…

…The appeal No. 53/93 filed by the applicant was on 27th July, 1999 struck out for failure to comply with Rule 85(1)(c) in that primary documents by way of pleadings were not included in the record.…

…Before dealing with the important points of law raised in this appeal, it is necessary to set out the relevant facts which are established by the pleadings and by the evidence. 2.…

…He was taken through the pleadings and the affidavits with their annexures.…

…So much for the pleadings, the correspondence, the proceedings in the High Court and the submissions of the advocates for the parties. The relevant law follows.…

…It is not in dispute that the first respondent has not in all the pleadings, correspondents, affidavits and documents disclosed its physical address. Its only address is given as P. O. Box 88892, Mombasa.…

…The former is for failure to attend court on the day fixed for hearing of a suit in which pleadings have closed, whereas the latter is for failing to take an essential step in the pleadings and is entered upon the defendant…

…On July 7, 1980 Scriven J made an uncalled for order outside the pleadings and issues for trial, when he declared that Ogowe Oliech had rights in possession against the whole of the land, such as are capable of definition…

…The pleadings………..…

…The matter fell for consideration before Nyamu J. on the basis of those pleadings and the submissions of counsel on the law applicable.…

…First, as the learned Judge rightly pointed out, the respondent was bound by its pleadings wherein the nature of the defence to be raised was never mentioned apart from denying the averments in the plaint.…

…We are satisfied that there was sufficient evidence to support the Judge’s conclusions on the issue of liability and in any case, the respondent’s claims as stated by Stephen were not part of their pleadings.…

…There was quick reaction by the respondent in applying for amendment of the pleadings under Rule 44 (2).…

…In reserved rulings he observed that the pleadings as filed disclosed disputed facts and law which made the controversy so focused on such a diversity of questions going beyond affidavit materials and interlocutory arguments…

…Neither in the pleadings nor in the trial was the jurisdiction of the Kenyan courts to entertain the suit contested.…

…Of these at least five are, in my experience, stereotyped allegations of negligence which can be found in any standard text book on pleadings and in the pleadings in m9ost of the accident actions brought in any of the countries…

…After careful consideration of Mr Wasuna’s submission on this aspect, I do not think the appellant was precluded on the pleadings from alleging and proving contributory negligence if he could.…

…This court said: "In this connection it was the duty of the appellant to put before the judge through his pleadings the claim for shs.14, 151,650/70; though the appellant had an opportunity to amend his plaint before leading…

…make a full disclosure of reasons for their failure to earlier plead the special damages rather than go on seeking amendments as and when they were hit by the force of defendant's arguments on their want or lack of proper pleadings…

…In my view, if the learned resident magistrate had not felt able to examine the justice of the defendant’s application and whether there was a triable issue by questioning the defendant and examining the pleadings, he should…

…Returning now to the facts behind this appeal, I come to the pleadings in the suit in the court of the resident magistrate and they are a plaint filed by the respondent on January 14, 1978 and the written statement of defence…

…John Onyango was not sued for trespass, and it would have been contrary to the pleadings for the magistrate to have held that the civil case before him involved trespass to land.…