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…The application is based on the ground that:- (a) the plaintiff has taken no further steps in the matter since the close of pleadings; and (b) the plaintiff has failed to comply with the order of Mulwa, J. dated 6.3.2001…

…There being no reply to defence, the pleadings are deemed to have been closed on or about 10.11.1999. From then onwards up to 11.4.2000, the plaintiff took no step whatsoever to prosecute the suit.…

…Paragraphs (a) and (b), (e) and (f) are standard, and can be found in any of the standard text books on pleadings.…

…So there, in that passage the learned judge negatives the very issues which had been framed on the pleadings.…

…any legal proceedings in any Court against any other party to the agreement … in respect of a matter agreed to be offered:- (a) any party to those proceedings may at any time after appearance, and before delivering any pleadings…

…or taking any other steps in the proceedings, apply to that Court to stay the proceedings …” Mr Kituku for the defendant submitted that a party may rely on the above subsection even after delivering pleadings.…

…No prejudice or injustice had been suered by the appellants in the appeal by the procedural irregularity in the pleadings that occurred. Appeal dismissed. Citations 1.…

…Had issues been framed at the hearing, the necessity for amendment of the pleadings would immediately have become apparent, and much trouble and expense avoided.…

…The error in the original plaint contravened the nature of pleadings which is: “the means by which the parties are enabled to state and frame the issues ...…

…The system of pleadings operates to define and delimit with clarity and precision the real matters in controversy between the parties upon which they can prepare and present their respective cases ...”…

…The one issue raised by the pleadings was whether or not, the appellant held the material parcel of land in trust for himself and the respondents.…

…It would therefore be unreasonable to expect the elders to have confined themselves to what is described in the memorandum of appeal, as issues raised in the pleadings.…

…We cannot tell from the pleadings whether the appellant was referring to the same parcel of land to which the counterclaim relates.…

…Amended pleadings in defence would be no more onerous than pleading to a new suit. Abortive pleadings to date can be compensated in costs.…

…The mere fact that the first respondent may succeed on the amended pleadings where it would have failed on the original pleadings is not an injustice to the appellant.…

…The appeal No. 53/93 filed by the applicant was on 27th July, 1999 struck out for failure to comply with Rule 85(1)(c) in that primary documents by way of pleadings were not included in the record.…

…Before dealing with the important points of law raised in this appeal, it is necessary to set out the relevant facts which are established by the pleadings and by the evidence. 2.…

…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.…

…It is not in dispute that the first respondent has not in all the pleadings, correspondents, affidavits and documents disclosed its physical address. Its only address is given as P. O. Box 88892, Mombasa.…

…I have carefully read and critically put into account all the led pleadings, the written submissions, cited authorities relied on and the relevant provisions of the appropriate and enabling laws with regard to the instant…

…but that the claim of violation must be discernible from whatever pleadings have been placed before the court.…

…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…

…On July 7, 1980 Scriven J made an uncalled for order outside the pleadings and issues for trial, when he declared that Ogowe Oliech had rights in possession against the whole of the land, such as are capable of definition…

…First, as the learned Judge rightly pointed out, the respondent was bound by its pleadings wherein the nature of the defence to be raised was never mentioned apart from denying the averments in the plaint.…

…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…

…In reserved rulings he observed that the pleadings as filed disclosed disputed facts and law which made the controversy so focused on such a diversity of questions going beyond affidavit materials and interlocutory arguments…

…Neither in the pleadings nor in the trial was the jurisdiction of the Kenyan courts to entertain the suit contested.…