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…Those, in brief, were the pleadings which were closed at the end of January 1977. The trial began before Mr Justice Masime in mid-November 1980.…

…Indeed Donaldson J as the vacation judge, tried an action for a declaration inter partes on Saturday September 16, 1967, on a draft writ without pleadings and gave judgment on an undertaking to issue the writ on Monday.…

…The advocate for plaintiff at the trial did not contribute to errors, nor in our view, do the pleadings.…

…On the pleadings, both appellants denied negligence.…

…for declaration by originating summons, but under the amended rule 10 of the same order if an originating summons has been filed, it can proceed as if the suit was commenced by plaint and the affidavit filed be treated as pleadings…

…He advised the advocates for the parties to get on with the pleadings and then appear before him for early hearing dates for the trial.…

…As a matter of pleadings one should not pre-empt his evidence before the trial. The pleading are meant to point out the issues to be determined at the trial.…

…There was also a passage in Bullen & Leake’s Precedents of Pleadings (3rd edition) pp 362, 363 and the authority of Riley v Baxendale (1861), 6 H & N 445 in which the Court (Pollock CB and Martin and Wilde BB) was of the…

…It is possible that, since an assault was express mention of criminal responsibility in the pleadings, that the learned judge thought the case should be treated in the same way as a criminal prosecution.…

…It is not possible to press the pleadings and facts in this case, into the mould of The Arne, because a defence is pleaded that the respondent had done all it could and that it was not at fault.…

…On the pleadings, both appellants denied negligence and pleaded that; “the accident occurred due to the sole or substantial negligence of the first plaintiff (meaning the first respondent) in driving, managing or controlling…

…On the basis of the pleadings and the evidence before him, the judge identified the issues for determination as follows: “(1). What is the tenure of office of the Mayor of Nairobi? (2).…

…In my opinion, having regard to the pleadings and the evidence led at the trial, the judge correctly framed the pertinent issues for determination.…

…The Judge obviously this serious irregularity in the pleadings and was made to listen to totally irrelevant evidence the exclusion of which would have reduced the length of the trial considerably.…

…It is clear that the appellant here complains of the learned trial judge’s scrutiny, evaluation and appreciation of the pleadings and evidence placed before him and his process or reasoning which led to his erroneous decision…