Judgment[1994] KEHC 113
Case law
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Division and case type: CivilCivil Suit
…While it may be desirable to plead such an important point of law in one’s pleadings failure to do so in my view does not preclude the plaintiff from adducing and relying on such evidence.…
…Under order VI rule 3 Civil Procedure Rules a party need not plead evidence and under order VI rule 7 a party is at liberty to raise or leave out a point of law in his pleadings.…
Division and case type: CivilCivil Appeal
…any reason be continued as if the cause 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: CivilCivil Appeal
…arbitration such as the dispute between the parties which is covered by the “all differences” clause 9 of the policy, any party such as the appellant, may at anytime, after entry of appearance and before delivering any pleadings…
Division and case type: CivilCivil Appeal
…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.…