Case law
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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
…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 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: 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 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 Suit
…I therefore come to the conclusion that having perused the pleadings, the affidavits and the grounds for and against the application and having heard both counsel, I am satisfied on balance of probabilities that the defendant…
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…
Division and case type: CivilCivil Case
…I have read the pleadings herein. Together with that I have the submissions of both learned counsel, given to me in great detail outlining “the history’ of this case as they called it. If I understood Mr.…
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: CivilCivil Suit
…It is important to reproduce the order: "Order: By consent the issue raised in the pleadings and the question of costs are referred to arbitration. Each side to have two elders.…
Division and case type: CivilCivil Case
…The foregoing facts and a careful perusal of the pleadings reveals that the only outstanding issue is damages.…
Division and case type: CivilCivil Appeal
…These facilities and perquisites are the 1st respondent’s house LR No 330/492 Korosho Road (it had been described in the pleadings as LR No 330/493 Korosho Road, but this was subsequently corrected to read LR 330/492 Korosho…
Division and case type: CivilCivil Case
…The foregoing facts and a careful perusal of the pleadings reveals that the only outstanding issue is damages.…
Division and case type: CivilCivil Case
…The foregoing facts and a careful perusal of the pleadings reveals that the only outstanding issue is damages.…
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
…On the pleadings a dispute of primary fact emerged, making it necessary for evidence to be adduced to prove the relevant customary law as a matter of fact.…
Division and case type: CivilCivil Appeal
…The respondent’s case in the senior resident magistrate’s court according to the pleadings was that the appellant had, during the month of January 1977, changed the boundary fixed by the Land Registrar between land parcel…