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…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.…

…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.…

…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…

…Under that order: - “ 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 admission he may be entitled…

…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.…

…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.…

…That not withstanding the general rule is that a party is bound by his pleadings. The appellant claimed expenses incurred in pursuing refund and no proof was led as to this claim and it was rightly rejected.…

…See Bullen and Leak, 12th edition at p 379 and a claim for special damages must be expressly claimed in the pleadings with full particulars of how it is made out.…

…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…

…On the pleadings a dispute of primary fact emerged, making it necessary for evidence to be adduced to prove the relevant customary law as a matter of fact.…

…The respondent’s case in the senior resident magistrate’s court according to the pleadings was that the appellant had, during the month of January 1977, changed the boundary fixed by the Land Registrar between land parcel…

…other party to the agreement, or against a person claiming through or under him, in respect of a matter agreed to be referred- (a) any party to those proceedings may at any time after appearance, and before delivering any pleadings…

…This led to the subsequent pleadings being wrongly headed. However, I do not think that this affects the substances and merits of the matter and decide the same on merits.…