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…A party that wishes to amend its pleadings at any stage of the proceedings may do so with the leave of the Court. Formal applications. 19.…

…The Court is by law empowered to allow parties to amend their pleadings at any stage, including at an appellate stage, with the leave of the Court.…

…Further in the case of Eastern Bakery v Castelino (1958) 1 EA 461 (CAK) the Court therein held that : “It will be sufficient, for purposes of the present case, to say that amendments to pleadings sought before hearing should…

…Further the respondent adduced evidence that was at variance with his pleadings. The respondent never pleaded that the appellant owned the machine he used to execute his duties.…

…This according to Counsel was in contrast with the respondent’s express pleadings that he worked under the directions of the 2nd respondent.…

…Further, the facts of this case the kind that need to be proved before the relief sought can be granted, as the Petitioner’s pleadings have only left the court with more questions than answers.…

…Rule 13(6) of the Employment and Labour Relations Court (Procedure) Rules provides for amendment of pleadings as follows: “A party may amend pleadings before service or before the close of pleadings: Provided that after the…

…close of pleadings, the party may only amend pleadings with the leave of the Court on oral or formal application, and the other party shall have a corresponding right to amend its pleadings.” 13.…

…When I became seized of the matter during my tour of duty in Eldoret I requested counsel for the parties to pick out the pleadings documents and witness statements they intended to rely on and compile for me an updated and…

…From the foregoing disclaimer, the court in this judgment entirely relies on the summary, pleadings witness statements as compiled by counsel as true rendition of the facts and issues in dispute. 4.…

…It is the Respondent’s submission that the new cause now sought to be introduced, is already time barred on the basis that the pleadings indicate that the grievants were terminated on 20th November, 2019. 7.…

…I have considered the Respondent’s preliminary objection, its submissions and the parties’ pleadings. The issues that fall for determination are: - i. Whether the Claimant’s claim is fatally defective ii.…

…of pleadings goes to no issue and must be disregarded.…

…As correctly submitted by the Appellant, it is a settled principle of law that parties are bound by their pleadings, and the Respondent’s pleadings are not an accurate representation of his case or the position he now wants…

…amend their pleadings. 5.…

…He relied on Halsbury’s Laws of England, 4th Ed (Re-Issue), Vol. 36(1) at paragraph 76, Odgers Priciples of Pleadings and Practice 20th Edition at p. 170.…

…Counsel submitted that the 3rd defendant would be highly prejudiced by the amendment which would bring in new claims that were not part of the original pleadings. Analysis 8.…

…I have carefully considered all the pleadings, submissions and authorities cited by rival parties in support of their cases.…

…From the aforesaid provision, the decisive consideration is whether the pleadings, in this case, the separate defences, were necessary or proper.…

…If the separate pleadings are not necessary or that costs occasioned are unnecessary or improperly incurred, then the Deputy Registrar may disallow such costs.…

…From the aforesaid provision, the decisive consideration is whether the pleadings, in this case, the separate defences, were necessary or proper.…

…If the separate pleadings are not necessary or that costs occasioned are unnecessary or improperly incurred, then the Deputy Registrar may disallow such costs.…

…From the aforesaid provision, the decisive consideration is whether the pleadings, in this case, the separate defences, were necessary or proper.…

…If the separate pleadings are not necessary or that costs occasioned are unnecessary or improperly incurred, then the Deputy Registrar may disallow such costs.…

…The appeal is premised on the following grounds contained in the amended Memorandum of Appeal: 1) The Honourable Tribunal erred in fact and law by failing to objectively examine the parties’ pleadings and issues raised therein…

…Aggrieved, the Respondent lodged an appeal with the Tribunal which after considering the pleadings and submissions of the parties, rendered a judgment on 20.04.2023.…

…The applicant’s case is that they had instructed new counsel in the matter, who upon coming on record had reviewed the pleadings filed, and advised that it was necessary to amend the same so as to assist this Honourable Court…

…The respondent argues that the amendment would result in undue delay in the hearing and determination of this matter as it may even re-open the pleadings.…

…Having considered the plaintiffs pleadings, evidence and applicable law, the following issues fall for determination: - a) Whether the plaintiff and defendant entered into an agreement for sale over the suit property. b)…

…It is settled law parties are bound by their pleadings and as a court, I am restrained from entering into the arena of litigation.…

…After considering the pleadings, evidence and submissions, the trial magistrate rendered the Judgment finding the Appellant fully liable. The trial magistrate framed three issues for consideration.…

…It is also a fundamental rule that parties are bound by their pleadings (see Independent Electoral and Boundaries Commission and Another v Stephen Mutinda Mule and Others [2014] eKLR).…

…The Company and the 3rd Defendant have supplemented the positions in their pleadings by filing written submissions. 3.…

…Box 101463-00100, a perusal of the Plaint and supporting pleadings indicate that a different address was in fact used.…

…I have carefully considered the pleadings, written submissions and authorities cited by rival parties to this dispute.…

…this rule, the court may at any stage of the proceedings, on such terms as to costs or otherwise as may be just and in such manner as it may direct, allow any party to amend his pleadings.” 17.…