Case law
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Division and case type: Constitutional and Human RightsPetition
…I recognize that parties are bound by their pleadings and I am unable to reconcile how in her evidence petitioner claims to have been tricked into marriage and she didn’t even release they had had a wedding, yet in her pleadings…
Division and case type: Constitutional and Human RightsElection Petition
…(iv) THAT I aver and affirm that parties are bound by their pleadings and that any evidence led by any of the parties which does not support the averments in the pleadings, or put in another way, which is at variance with…
…the averments of the pleadings goes to no issue and must be disregarded.…
Division and case type: Constitutional and Human RightsElection Petition
…(iv) THAT I aver and affirm that parties are bound by their pleadings and that any evidence led by any of the parties which does not support the averments in the pleadings, or put in another way, which is at variance with…
…the averments of the pleadings goes to no issue and must be disregarded.…
Division and case type: Constitutional and Human RightsPetition
…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?…
Division and case type: Environment and LandCivil Suit
…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.…
Division and case type: Environment and LandPetition
…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 RightsJudicial Review
…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: Environment and LandLand Case
…The respondent also relied on his pleadings. In addition he stated that the said agreement dated 4th August, 2007 was drawn by the applicant and her relatives and that he signed the same under duress.…
Division and case type: Environment and LandMiscellaneous Application
…The Tribunal has carefully considered the pleadings, evidence and the written submissions by counsels of the respective parties and the authorities relied upon.…
…Based on this issue and the other issues raised in the pleadings, the issues before this Tribunal are: I. Whether the Respondent was negligent II. What is the quantum of damages if any. I.…
Division and case type: Environment and LandLand Case
…This court being one of justice weighs the law and facts of each case independently and impartially and makes decisions based on those two as pleadings present themselves and the evidence itself.…
…Needless to say that the issue of police costs was introduced at the submission stage and not by way of pleadings. Parties are bound by their pleadings always and should live by that. 63.…
Division and case type: Constitutional and Human RightsPetition
…The Respondent company relies on r.202of the said Winding Up Rules which avoids invalidity of steps on account of informal defects in pleadings. That was the position in the case of JITENDARA BRAHMBHATT Vs.…
Division and case type: Constitutional and Human RightsConstitutional Petition
…any reason be continued as if the case had been begun by filing a Plaint, it may order the proceedings to continue as if the cause had been so begun and may, in particular, order that any affidavits filed shall stand as pleadings…
Division and case type: Constitutional and Human RightsElection Petition
…Having heard all the above and gone over the pleadings, depositions, previous proceedings here plus the authorities presented, this is the court’s determination here.…