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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.…

…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.…

…The application is based on the ground that:- (a) the plaintiff has taken no further steps in the matter since the close of pleadings; and (b) the plaintiff has failed to comply with the order of Mulwa, J. dated 6.3.2001…

…There being no reply to defence, the pleadings are deemed to have been closed on or about 10.11.1999. From then onwards up to 11.4.2000, the plaintiff took no step whatsoever to prosecute the suit.…

…Order 12 Rule 6 reads as follows: “6 Any party may at any stage of a suit, where admission of facts has been made, either on the pleadings or otherwise, apply to the court for such judgment or order as upon such admissions…

…Request for and answer to particulars form part of pleadings. Even if that were not the case, rule 6 aforesaid provides for admission either on the pleadings or otherwise.…

…any legal proceedings in any Court against any other party to the agreement … in respect of a matter agreed to be offered:- (a) any party to those proceedings may at any time after appearance, and before delivering any pleadings…

…or taking any other steps in the proceedings, apply to that Court to stay the proceedings …” Mr Kituku for the defendant submitted that a party may rely on the above subsection even after delivering pleadings.…

…When the suit came up for hearing the plaintiff gave evidence in line with his pleadings and explained how he was injured.…

…I have considered the evidence of the plaintiff and the doctor and relate the same to the pleadings. The evidence remains uncontroverted and I believe the defendant is liable for the injuries sustained by the plaintiff.…

…I have seen nothing in the pleadings or the affidavits that incriminate adversely the position of the first defendant. What then is the cause of action shown by the plaintiff against the first defendant?…

…In the pleadings there are no allegations of forgery against the 3rd defendant Mrs Gladys Boss Shollei.…

…He suspects that the plaintiff’s allegations in her pleadings are because she is unhappy and angry that he is going to marry someone else. In this regard he has annexed her letter to him.…

…In the context of the pleadings filed herein, it has to be said that if the partnership is proved to have irretriveably broken down, as alleged by the plaintiff then the orders sought in the plaint will inevitably be granted…

…Looking at the pleadings before the court there can be no dispute that the plaintiff’s claim against the defendant is in respect of Kshs 69,238.90 as the balance of the amount due from the defendant to the plaintiff in respect…

…Having considered the pleadings before the court and in view of the concise statement of the plaintiff’s claim and the defence filed herein in which the claim is denied in total, I am of the view that the other paragraphs…

…From the pleadings before me, it is clear that the Plaintiff did not supply the particulars within the stipulated time. The Plaintiff supplied particulars on 4th July, 2008. That was 5 weeks after the time agreed.…

…The Plaintiff being dissatisfied with the particulars filed an application seeking to have the Defendant’s pleadings struck out. The Defendant’s Advocate did not appear for the hearing of the application.…

…The prayer to sell by private treaty had been omitted and it is apparent from the pleadings that negotiations were underway to sell the property by private treaty but the defendant refused to release photostat copies of the…

…My reading of the pleadings in the present suit is that despite the fact that the plaintiffs obtained an injunction restraining the 2nd defendant from selling the property, it nevertheless went ahead and allowed the 1st defendant…

…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…

…Having considered the pleadings in this case the evidence of Hosider “Cawasji Bapuji Mistri (PW1) and the supporting documents I am satisfied that the plainuffs' claim has been sufficiently proved.…

…Civil Practice and Procedure – pleadings – striking out of pleadings – application to strike out plaint for not disclosing a cause of action – whether a party who has not been served with plaint can make such application…

…Mr Ombaka submitted that Order VI rule 13 (he actually said Order V rule 13) must be read in the context of the entire code and in particular to order VI rule 1 which empowers a party to amend once before the pleadings are…

…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?…

…Civil Practice and Procedure – pleadings – striking out of pleadings – application to strike out plaint for not disclosing a cause of action – whether a party who has not been served with plaint can make such application…

…Mr Ombaka submitted that Order VI rule 13 (he actually said Order V rule 13) must be read in the context of the entire code and in particular to order VI rule 1 which empowers a party to amend once before the pleadings are…

…The 3rd defendant seeks dismissal of the suit on the basis that it is more than three months since the pleadings closed.…

…Against the foregoing background information as gleaned from the pleadings of both parties, the Plaintiffs have filed an interim application by way of notice of motion dated 29th June 2007 and filed the same date.…

…The Defendants on the other hand also rely on their pleadings, replying affidavit, their written skeleton arguments as well as Case Law.…

…After considering the pleadings and the submissions by counsel, I find that the only issue arising for determination is whether the suit is properly commenced in the name of the right party.…