Case law
Search tips: "exact phrase" · -exclude · land | property · negligen* · citations like [2023] KEHC 123
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: 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: 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 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…
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.…