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…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.…

…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…

…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.…

…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…

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

…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.…

…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.…

…From the testimony and the pleadings, the scope of disagreement was very narrow and concerned the obligation to prepare the discharge of charge.…

…From the testimony and the pleadings, the scope of disagreement was very narrow and concerned the obligation to prepare the discharge of charge.…

…I have carefully considered all the pleadings and submissions made in this matter.…

…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…

…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…

…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…

…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.…

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

…At page 11 of the same I find an observation by the learned Judge as follows: “That to my view means that either by affidavit or the pleadings the Plaintiff ought to firstly show that the Defendant is likely to leave the…