Case law
Search tips: "exact phrase" · -exclude · land | property · negligen* · citations like [2023] KEHC 123
Division and case type: Milimani Commercial CourtsCivil Case
…Referring to the 1st Defendant’s pleadings, he cited the case of DAIMA BANK LTD. & ANOR. v. K.H.…
…According to the Plaintiff’s pleadings, the Agency Agreement between the parties was terminated by a notice dated 1st June, 2010. The Plaintiff came to Court on 30th June, 2010 seeking inter alia, injunctive orders.…
Division and case type: Milimani Commercial CourtsCivil Case
…The above is the summary of the salient issue raised in rival submission and pleadings in this matter.…
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
…In reserved rulings he observed that the pleadings as filed disclosed disputed facts and law which made the controversy so focused on such a diversity of questions going beyond affidavit materials and interlocutory arguments…
Division and case type: CivilCivil Appeal
…Neither in the pleadings nor in the trial was the jurisdiction of the Kenyan courts to entertain the suit contested.…
Division and case type: Milimani Commercial CourtsCivil Case
…Having carefully considered all the arguments and having perused the pleadings and the authorities cited to me, I find that the plaintiff did indeed step in the shoes of the company for the rights and obligations under the…
Division and case type: CivilCivil Case
…The bitterness that has developed shows in her pleadings, affidavits and manner of speech.…
Division and case type: Milimani Commercial CourtsCivil Case
…The affidavit has numerous annextures including copies of a certificate of Title of the suit property, pleadings in HCCC No.82 of 2006 between Matex Commercial Supplies Ltd and the defendant, a Ruling of Warsame J in the…
Division and case type: FamilySuccession Cause
…She filed those pleadings claiming to be one of the widows of the deceased.…
Division and case type: CivilCivil Appeal
…There was quick reaction by the respondent in applying for amendment of the pleadings under Rule 44 (2).…
Division and case type: CivilCivil Appeal
…Of these at least five are, in my experience, stereotyped allegations of negligence which can be found in any standard text book on pleadings and in the pleadings in m9ost of the accident actions brought in any of the countries…
…After careful consideration of Mr Wasuna’s submission on this aspect, I do not think the appellant was precluded on the pleadings from alleging and proving contributory negligence if he could.…
Division and case type: Milimani Commercial CourtsCivil Case
…On its part the Plaintiff has opposed the application upon the grounds that the application is misconceived and otherwise overtaken by events; that the particulars requested for cannot be properly sought in view of the pleadings…
Division and case type: CivilCivil Appeal
…That not withstanding the general rule is that a party is bound by his pleadings. The appellant claimed expenses incurred in pursuing refund and no proof was led as to this claim and it was rightly rejected.…
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: Constitutional and Human RightsPetition
…The Respondent company relies on r.202of the said Winding Up Rules which avoids invalidity of steps on account of informal defects in pleadings. That was the position in the case of JITENDARA BRAHMBHATT Vs.…
Division and case type: CivilCivil Suit
…See Bullen and Leak, 12th edition at p 379 and a claim for special damages must be expressly claimed in the pleadings with full particulars of how it is made out.…
Division and case type: CivilCivil Case
…From the pleadings filed it seems that the Mayor and the area Member of Parliament visited the site at night where the construction had proceeded even after dark. The residents protested against such development.…
Division and case type: CivilCivil Case
…It has been suggested that the decision in Wood v Leadbitter (4) turned merely on the pleadings and decided only that a right to enter and remain on land, though for no more than a limited period, required a deed to make…
Division and case type: CivilCivil Appeal
…In my view, if the learned resident magistrate had not felt able to examine the justice of the defendant’s application and whether there was a triable issue by questioning the defendant and examining the pleadings, he should…
…Returning now to the facts behind this appeal, I come to the pleadings in the suit in the court of the resident magistrate and they are a plaint filed by the respondent on January 14, 1978 and the written statement of defence…
Division and case type: Milimani Commercial CourtsCriminal Appeal
…acts being the means by which such intent is to be carried out or furthered vide in the judgment of Erle J in the case of Reg V Dowling (1843) 3 Cox’s Criminal Cases 509 at page 514., but as is said in Archbold’s Criminal Pleadings…
…notwithstanding that we think and find that overt act 5(b) had not been sufficiently proved, but of course this makes no difference whatsoever to the conviction entered with reference to what is said in Archbold’s Criminal Pleadings…