Judgment[1995] KECA 165
Case law
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Division and case type: CivilCivil Appeal
…No prejudice or injustice had been suered 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.…
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
…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.…
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…