Case law
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Division and case type: High Court Commercial and TaxCommercial Arbitration
…After considering the parties’ pleadings and evidence produced, the Arbitrator published the award on 19th August 2021 (“the Award”).…
…Pleadings, however, must be considered with circumspection because, as the US Court of Appeals for the Ninth Circuit observed in Ministry of Defence of the Islamic Republic of Iran v. Gould, Inc.…
Division and case type: High Court Commercial and TaxCommercial Matters
…In such a case, the court is limited to examining the pleadings and the pleadings only to determine whether a case has been made out to go to trial.…
Division and case type: High Court Commercial and TaxCommercial Matters
…Order 13 Rule 2 of the Rules which deals with judgment on admission provides as follows: 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…
…JA, observed that: Admissions of fact under Order XII rule 6 need not be on the pleadings. They may be in correspondence or documents which are admitted or they may even be oral.…
Division and case type: Employment and Labour Relations CourtClaim/Causes
…From the pleadings on record, the evidence of the parties and the submissions, the issues that arise for determination in this case are as follows:- i.…
…In the instant case, the Claimant in his pleadings did not plead that due process was not followed hence the Court will presume he was accorded procedural fairness prior to the termination of his service. 42.…
Division and case type: Employment and Labour Relations CourtClaim/Causes
…From the pleadings, the evidence and the submissions on record, I find that the issues for determination are; i. Whether the claimant was an employee of the Respondent? ii. What reliefs if any, avail to the Claimant? 9.…
Division and case type: High Court Commercial and TaxCommercial Matters
…Against the summary of the pleadings I have highlighted above, the parties’ witnesses duly testified along the lines I set out in the pleadings.…
…In addition to the extensive pleadings the parties produced voluminous documents and filed written submissions supported by copious authorities.…
Division and case type: High Court Commercial and TaxCommercial Arbitration
…Other relevant considerations, with-out in any way prescribing a closed catalogue, would include the subject matter, pleadings and submissions by the parties, as well as their conduct in the arbitration.…
…Pleadings, however, must be considered with circumspection because, as the US Court of Appeals for the Ninth Circuit observed in Ministry of Defence of the Islamic Republic of Iran v. Gould, Inc.…
Division and case type: CivilCivil Appeal
…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 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: High Court Commercial and TaxCommercial Matters
…In addition to their pleadings, the parties have also filed written submissions in support of their respective positions.…
…The Plaintiff states that it relies on the pleadings in HC Misc. No.…
Division and case type: High Court Commercial and TaxCommercial Matters
…The 1st Defendant denied liability and after the pleadings closed, the hearing started on or about 12th July, 2000 before Hewett, J., who unfortunately passed away after hearing three witnesses of the Plaintiffs.…
…I have gone through the parties’ pleadings, evidence and submissions.…
Division and case type: High Court Commercial and TaxCommercial Matters
…Order 8 rule 3 and 5 of the Civil Procedure Rules empowers the court to amend the pleadings at any stage of the proceedings.…
Division and case type: Employment and Labour Relations CourtClaim/Causes
…Upon looking carefully at the pleadings on record, the evidence adduced before this court in this matter and the submissions of the parties filed in court, I find that the issues that fall for my determination are; i.…
Division and case type: Employment and Labour Relations CourtClaim/Causes
…From the pleadings on record, the evidence of the parties and the submissions filed, the issues that arise for determination in this case are as follows:- i.…
Division and case type: High Court Commercial and TaxCommercial Appeal
…After considering the evidence adduced against the pleadings filed, the court delivered judgment on 22nd March 2022 holding that under the Agreement, the Appellant was to keep the machine and only release it upon completion…
Division and case type: Employment and Labour Relations CourtClaim/Causes
…The court has carefully considered the pleadings, witness statements and testimony, the Court has further considered the documents filed by the 1st respondent in opposing the claim and is persuaded that there existed no employer…
Division and case type: High Court Commercial and TaxCommercial Matters
…The basic facts leading to the dispute between the Plaintiff (“the Company”) and the Defendant (“the Advocates”) are largely common cause and can be garnered from the pleadings and various depositions sworn on behalf of the…
Division and case type: High Court Commercial and TaxCommercial Arbitration
…After considering the parties’ arguments through their pleadings and witnesses, the Arbitrator published an award on 12th November 2021(“the Award”). The Arbitrator identified 8 issues for determination as follows: i.…
Division and case type: High Court Commercial and TaxCommercial Miscellaneous
…In any case, the Arbitral Tribunal addressed this issue and came to the conclusion that the parties presented themselves to the arbitral tribunal, complied with all directions given, filed the pleadings, participated in the…
Division and case type: High Court Commercial and TaxCommercial Matters
…The Plaintiffs urge that the Liquidator’s application is not for misjoinder, but rather seeks to strike out pleadings.…