Case law
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Division and case type: Milimani Commercial CourtsCivil Suit
…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.…
Division and case type: CivilCivil Appeal
…These follow the usual, stereotyped, particulars of negligence which can be obtained from any book on pleadings and civil procedure.…
…Adogo said that if the overloading of the scrap metal on the tractor was the cause of the Appellant jumping off, then this was not pleaded and was another instance of the variation between the pleadings and the evidence which…
Division and case type: CivilCivil Appeal
…He was taken through the pleadings and the affidavits with their annexures.…
…So much for the pleadings, the correspondence, the proceedings in the High Court and the submissions of the advocates for the parties. The relevant law follows.…
Division and case type: CivilCivil Appeal
…The former is for failure to attend court on the day fixed for hearing of a suit in which pleadings have closed, whereas the latter is for failing to take an essential step in the pleadings and is entered upon the defendant…
Division and case type: CriminalCriminal Case
…It was apparent from the pleadings filed by the Applicant that he desired the question of instruction fees payable on the contributors’ costs to be based on the value of the indicated crude oil reserve and not the nature…
Division and case type: Commercial and TaxCase number Winding Up Cause
…It was apparent from the pleadings filed by the Applicant that he desired the question of instruction fees payable on the contributors’ costs to be based on the value of the indicated crude oil reserve and not the nature…
Division and case type: Milimani Commercial CourtsUnclassified
…From the pleadings, it was clear that the cause of action arose in Mombasa where the defendant resides and conducts his business.…
Division and case type: Milimani Commercial CourtsCriminal Appeal
…acts being the means by which such intent is to be carried out or furthered vide in the judgment of Erle J in the case of Reg V Dowling (1843) 3 Cox’s Criminal Cases 509 at page 514., but as is said in Archbold’s Criminal Pleadings…
…notwithstanding that we think and find that overt act 5(b) had not been sufficiently proved, but of course this makes no difference whatsoever to the conviction entered with reference to what is said in Archbold’s Criminal Pleadings…
Division and case type: CivilCivil Case
…It will therefore be seen from the pleadings that the issue I have to determine in this are as follows: (a) Whether the defendant’s servants were negligent; (b) Whether the defendant owed any duty of care (contractual or…