Judgment[1995] KECA 142
Case law
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Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Appeal
…This court said: "In this connection it was the duty of the appellant to put before the judge through his pleadings the claim for shs.14, 151,650/70; though the appellant had an opportunity to amend his plaint before leading…
…make a full disclosure of reasons for their failure to earlier plead the special damages rather than go on seeking amendments as and when they were hit by the force of defendant's arguments on their want or lack of proper pleadings…
Division and case type: CivilCivil Appeal
…It has been stated on many occasions that a litigant ought to be given a chance to defend or prosecute his suit if he has an arguable defence or claim which can be sustainable even after amendment of the pleadings.…
Division and case type: CivilCivil Appeal
…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…