Case law
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Division and case type: CivilCivil Case
…Applying those principles to the instant case, requires a look at the pleadings, proceedings and judgment in the former case, and a look at the pleadings and issues in the present case. What I find is this.…
…Whether a matter was directly and substantially in issue in a former suit is to be determined by a reference to the pleadings, the issues and judgment.…
Division and case type: CivilCivil Appeal
…These follow the usual, stereotyped, particulars of negligence which can be obtained from any book on pleadings and civil procedure.…
…Adogo said that if the overloading of the scrap metal on the tractor was the cause of the Appellant jumping off, then this was not pleaded and was another instance of the variation between the pleadings and the evidence which…
Division and case type: CivilCivil Appeal
…I shall briefly now refer to the pleadings. The filed defence of the 1st respondent increased this sum to Shs 300,000/=.…
…I do not find favour with Mr Mithega’s submission that the Court has a duty to look at the pleadings and determine whether it has jurisdiction.…
Division and case type: FamilySuccession Cause
…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: 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: 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: CivilCivil Appeal
…The appellant’s pleadings and evidence established negligence and it was hence upon the defendant to displace that negligence.…
Division and case type: CivilCivil Appeal
…The advocate for plaintiff at the trial did not contribute to errors, nor in our view, do the pleadings.…
Division and case type: CivilCivil Case
…And upon looking generally at the pleadings filed, she granted temporary orders. The district registrar directed the three defendants and their agencies to allow the “six” (seven?)…
Division and case type: CivilCivil Appeal
…It is clear that the appellant here complains of the learned trial judge’s scrutiny, evaluation and appreciation of the pleadings and evidence placed before him and his process or reasoning which led to his erroneous decision…