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…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…

…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.…

…Counsel for the Appellant who had not filed any pleadings in opposition to those applications argued that the order of stay in HC Mis.…

…At page 11 of the same I find an observation by the learned Judge as follows: “That to my view means that either by affidavit or the pleadings the Plaintiff ought to firstly show that the Defendant is likely to leave the…