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Division and case type: CivilCivil Suit
…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.…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Appeal
…There was also a passage in Bullen & Leake’s Precedents of Pleadings (3rd edition) pp 362, 363 and the authority of Riley v Baxendale (1861), 6 H & N 445 in which the Court (Pollock CB and Martin and Wilde BB) was of the…