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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.…

…Paragraphs (a) and (b), (e) and (f) are standard, and can be found in any of the standard text books on pleadings.…

…So there, in that passage the learned judge negatives the very issues which had been framed on the pleadings.…

…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.…

…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.…

…The error in the original plaint contravened the nature of pleadings which is: “the means by which the parties are enabled to state and frame the issues ...…

…The system of pleadings operates to define and delimit with clarity and precision the real matters in controversy between the parties upon which they can prepare and present their respective cases ...”…

…The error in the original plaint contravened the nature of pleadings which is: “the means by which the parties are enabled to state and frame the issues ...…

…The system of pleadings operates to define and delimit with clarity and precision the real matters in controversy between the parties upon which they can prepare and present their respective cases ...”…

…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.…

…The records show that the parties were subsequently represented by Advocates although in the pleadings were not amended and several applications and counter applications were presented at the interlocutory stage.…

…Due to the nature of the proceedings, this appeal should be allowed and the matter referred to retrial but looking at the pleadings, certain issues emerge that touches on the validity of the claims and the jurisdiction of…

…As the pleadings stand it is clear that there is no commercial transaction disclosed between the plaintiffs and the second defendant.…

…There is also an apparent error of fact on the face of the record that the claim of plaintiffs against the second defendant arises from a private transaction which finding of facts is contrary to the pleadings.…

…Applying those principles to the instant case, requires a look at the pleadings, proceedings and judgment in the former case, and a look at the pleadings and issues in the present case. What I find is this.…

…Whether a matter was directly and substantially in issue in a former suit is to be determined by a reference to the pleadings, the issues and judgment.…

…The one issue raised by the pleadings was whether or not, the appellant held the material parcel of land in trust for himself and the respondents.…

…It would therefore be unreasonable to expect the elders to have confined themselves to what is described in the memorandum of appeal, as issues raised in the pleadings.…

…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.…

…We cannot tell from the pleadings whether the appellant was referring to the same parcel of land to which the counterclaim relates.…

…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…

…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.…

…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…