Search court decisions

…There is in the Bankruptcy Notice no 10 file notice of appointment by the debtors advocates filed on 8/10/90 and also a letter by the Debtors advocates dated 15/10/90 asking for copies of the pleadings for service and action…

…Why would the debtors advocate file on 15/10/90 a letter asking the Registrar of this court to supply him with pleadings of the debtor had been served with Bankruptcy Notice and relevant documents on 29/9/90?…

…Civil Practice and Procedure – pleadings – striking out of pleadings – application to strike out plaint for not disclosing a cause of action – whether a party who has not been served with plaint can make such application…

…Mr Ombaka submitted that Order VI rule 13 (he actually said Order V rule 13) must be read in the context of the entire code and in particular to order VI rule 1 which empowers a party to amend once before the pleadings are…

…The 3rd defendant seeks dismissal of the suit on the basis that it is more than three months since the pleadings closed.…

…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.…

…Against the foregoing background information as gleaned from the pleadings of both parties, the Plaintiffs have filed an interim application by way of notice of motion dated 29th June 2007 and filed the same date.…

…The Defendants on the other hand also rely on their pleadings, replying affidavit, their written skeleton arguments as well as Case Law.…

…It is not in dispute that the first respondent has not in all the pleadings, correspondents, affidavits and documents disclosed its physical address. Its only address is given as P. O. Box 88892, Mombasa.…

…After considering the pleadings and the submissions by counsel, I find that the only issue arising for determination is whether the suit is properly commenced in the name of the right party.…

…After considering the pleadings and the submissions by counsel, I find that the only issue arising for determination is whether the suit is properly commenced in the name of the right party.…

…I have carefully read and critically put into account all the led pleadings, the written submissions, cited authorities relied on and the relevant provisions of the appropriate and enabling laws with regard to the instant…

…but that the claim of violation must be discernible from whatever pleadings have been placed before the court.…

…If the court holds that no cause of action is disclosed by the pleadings or that such cause of action as is pleaded is far too doubtful for it to rely on, the court must refuse the injunction.…

…Applying these principles to the present application and upon a full examination of the pleadings, the affidavits filed in support and in opposition and the annexures thereto and after hearing the viva voce testimony of the…

…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…

…She prayed for compensation as per her pleadings in court. As was rightly stated by the plaintiff in the counterclaim, the claims in the plaint or amended plaint were not proved against her.…

…On July 7, 1980 Scriven J made an uncalled for order outside the pleadings and issues for trial, when he declared that Ogowe Oliech had rights in possession against the whole of the land, such as are capable of definition…

…What emerges from the pleadings filed by the parties in connection with this application and submissions by learned counsel for both parties is that the plaintiff does not really seriously contest the defendant’s basic argument…

…The pleadings………..…

…The matter fell for consideration before Nyamu J. on the basis of those pleadings and the submissions of counsel on the law applicable.…

…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…

…The Respondent denies the allegations of trespass and/or damage to the Applicant’s fence and clearly demonstrates both in his pleadings and submissions by Counsel that he is opposed to the Applicant’s fencing of the plot.…

…First, as the learned Judge rightly pointed out, the respondent was bound by its pleadings wherein the nature of the defence to be raised was never mentioned apart from denying the averments in the plaint.…

…We are satisfied that there was sufficient evidence to support the Judge’s conclusions on the issue of liability and in any case, the respondent’s claims as stated by Stephen were not part of their pleadings.…

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