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…These facts did not emerge at the trial because of a mistake in the pleadings. The jury assessed £50.00 as damages, on the basis that Mrs. Gibbons did not need to allege or prove damage to her credit.…

…Those, in brief, were the pleadings which were closed at the end of January 1977. The trial began before Mr Justice Masime in mid-November 1980.…

…Indeed Donaldson J as the vacation judge, tried an action for a declaration inter partes on Saturday September 16, 1967, on a draft writ without pleadings and gave judgment on an undertaking to issue the writ on Monday.…

…On the pleadings, both appellants denied negligence.…

…As a matter of pleadings one should not pre-empt his evidence before the trial. The pleading are meant to point out the issues to be determined at the trial.…

…On the pleadings, both appellants denied negligence and pleaded that; “the accident occurred due to the sole or substantial negligence of the first plaintiff (meaning the first respondent) in driving, managing or controlling…

…On the basis of the pleadings and the evidence before him, the judge identified the issues for determination as follows: “(1). What is the tenure of office of the Mayor of Nairobi? (2).…

…In my opinion, having regard to the pleadings and the evidence led at the trial, the judge correctly framed the pertinent issues for determination.…

…Kemp, appearing for the respondents, to this contention was that, as stated in their pleadings, the respondents’ could not give any particulars as to witnesses, or otherwise, until they had the necessary information as regards…

…The Judge obviously this serious irregularity in the pleadings and was made to listen to totally irrelevant evidence the exclusion of which would have reduced the length of the trial considerably.…