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…The foregoing facts and a careful perusal of the pleadings reveals that the only outstanding issue is damages.…

…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.…

…The foregoing facts and a careful perusal of the pleadings reveals that the only outstanding issue is damages.…

…John Onyango was not sued for trespass, and it would have been contrary to the pleadings for the magistrate to have held that the civil case before him involved trespass to land.…

…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…

…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…

…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.…

…Mr Lakha who appears with Mr Makhecha for the plaintiff at the hearing of the motion submits that if the facts are admitted in the pleadings and / or in the correspondence the plaintiff is entitled to an interlocutory judgment…

…Any party may at any stage of a suit, where admission of facts has been made, either on the pleadings or otherwise, apply to the court for such judgment or order as upon such admissions he may be entitled to without waiting…

…This led to the subsequent pleadings being wrongly headed. However, I do not think that this affects the substances and merits of the matter and decide the same on merits.…

…other party to the agreement, or against a person claiming through or under him, in respect of a matter agreed to be referred- (a) any party to those proceedings may at any time after appearance, and before delivering any pleadings…

…There would therefore be no liability against the defendant on the basis of pleadings.…

…It has been stated on many occasions that a litigant ought to be given a chance to defend or prosecute his suit if he has an arguable defence or claim which can be sustainable even after amendment of the pleadings.…

…The procedure referred to must be order 9B rule 1(1) which provides that at any time after the close of the pleadings the plaintiff may, upon giving reasonable notice to every defendant who has appeared, set down the suit…

…Turning to the pleadings, Mr Gautama on behalf of the appellants, has submitted that the question of whether Shakeel was acting as an agent for his father the defendant, so as to bind him by the agreement was never an issue…

…in the case, and he took this court in detail through the pleadings and the record in order to demonstrate his submissions.…

…However, from the pleadings and the record, the bone of contention in the instant Application is not per se the Consent Orders of 3rd December, 2014 but in fact the orders issued on 2nd July, 2015.…

…Though the parties did not frame any issues it is clear from the pleadings that the two major issues for determination by this court are: (i) Whether the alleged arrest and imprisonment of the plaintiff was unlawful and the…

…any reason be continued as if the cause had been begun by filing a plaint, it may order the proceedings to continue as if the cause had been so begun and may, in particular, order that any affidavits filed shall stand as pleadings…

…The pleadings closed. Issues were settled and the matter was eventually set down to come for trial. It came on 29th November, 1994, before Hayanga, J. and it was called. According to the record, Mrs.…

…any reason be continued as if the cause had been begun by filing a plaint, it may order the proceedings to continue as if the cause had been so begun and may, in particular, order that any affidavits filed shall stand as pleadings…