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…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.…

…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…

…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…

…From the pleadings, it was clear that the cause of action arose in Mombasa where the defendant resides and conducts his business.…