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…Those, in brief, were the pleadings which were closed at the end of January 1977. The trial began before Mr Justice Masime in mid-November 1980.…

…Indeed Donaldson J as the vacation judge, tried an action for a declaration inter partes on Saturday September 16, 1967, on a draft writ without pleadings and gave judgment on an undertaking to issue the writ on Monday.…

…On the pleadings, ie on the plaint and on the counterclaim, I am asked to determine which of the two parties, the plaintiff or the defendant, should be entitled, and authorised by the court, to undertake the burial of the…

…On the pleadings, both appellants denied negligence.…

…The general principle is that a party is bound by his pleadings. As such this Court will have to confine itself to the issue of the trust.…

…As a matter of pleadings one should not pre-empt his evidence before the trial. The pleading are meant to point out the issues to be determined at the trial.…

…As the correspondence is the decisive primary evidence, I shall first examine the relevant correspondence and later extract the transactions and make findings of fact on the basis of the correspondence in relation to the pleadings…

…LIABILITY IN TORT: After pleadings that the defendant acted as a broker in the transaction, and, alternatively, that, the broker took upon itself the task of arranging the provision of security over the land, the plaintiffs…

…On the pleadings, both appellants denied negligence and pleaded that; “the accident occurred due to the sole or substantial negligence of the first plaintiff (meaning the first respondent) in driving, managing or controlling…

…On the basis of the pleadings and the evidence before him, the judge identified the issues for determination as follows: “(1). What is the tenure of office of the Mayor of Nairobi? (2).…

…In my opinion, having regard to the pleadings and the evidence led at the trial, the judge correctly framed the pertinent issues for determination.…

…Since the main case is still pending I will not analyse the pleadings.…

…Kemp, appearing for the respondents, to this contention was that, as stated in their pleadings, the respondents’ could not give any particulars as to witnesses, or otherwise, until they had the necessary information as regards…

…And upon looking generally at the pleadings filed, she granted temporary orders. The district registrar directed the three defendants and their agencies to allow the “six” (seven?)…

…The Judge obviously this serious irregularity in the pleadings and was made to listen to totally irrelevant evidence the exclusion of which would have reduced the length of the trial considerably.…