Case law
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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
…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: CivilCivil Case
…From the pleadings, facts and evidence presented before court, two issues arise for determination by this court; a) Whether the 1st defendant bought the suit premises from money sent to their mother by he plaintiff and therefore…
…I am aware though that in making this order, the plaintiff had not in her pleadings and evidence asked for the same. However I am doing this for the ends of justice to be met.…
Division and case type: CivilCivil Appeal
…Counsel for the Appellant who had not filed any pleadings in opposition to those applications argued that the order of stay in HC Mis.…
Division and case type: CivilCivil Appeal
…Then the record of appeal (including certified copies of the pleadings, proceedings, judgment, documentary exhibits in the court of the Bungoma District Magistrate, Kakamega Resident Magistrate and the High Court in Kakamega…
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 Case
…Pleadings closed normally and directions on a summons were given. By May, 1983 the suit was ready for trial.…
Division and case type: Environment and LandLand Case
…This court being one of justice weighs the law and facts of each case independently and impartially and makes decisions based on those two as pleadings present themselves and the evidence itself.…
…Needless to say that the issue of police costs was introduced at the submission stage and not by way of pleadings. Parties are bound by their pleadings always and should live by that. 63.…
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 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 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…