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: CivilCivil Suit
…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: CivilCivil Appeal
…The one issue raised by the pleadings was whether or not, the appellant held the material parcel of land in trust for himself and the respondents.…
…It would therefore be unreasonable to expect the elders to have confined themselves to what is described in the memorandum of appeal, as issues raised in the pleadings.…
Division and case type: CivilCivil Appeal
…We cannot tell from the pleadings whether the appellant was referring to the same parcel of land to which the counterclaim relates.…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Appeal
…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…
Division and case type: CivilCivil Appeal
…There was quick reaction by the respondent in applying for amendment of the pleadings under Rule 44 (2).…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Appeal
…Those affidavits constituted the pleadings in this matter.…
Division and case type: CivilCivil Appeal
…Turning to the pleadings, Mr Gautama on behalf of the appellants, has submitted that the question of whether Shakeel was acting as an agent for his father the defendant, so as to bind him by the agreement was never an issue…
…in the case, and he took this court in detail through the pleadings and the record in order to demonstrate his submissions.…
Division and case type: CivilCivil Appeal
…arbitration such as the dispute between the parties which is covered by the “all differences” clause 9 of the policy, any party such as the appellant, may at anytime, after entry of appearance and before delivering any pleadings…
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.…
Division and case type: CivilCivil Suit
…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.…