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…Where it happens before judgment, it is the pleadings that form the basis for determining subject value.…

…I have looked at the Pleadings as filed.…

…It is by now well settled by precedent that parties are bound by their pleadings and that evidence which tends to be at variance with the pleadings is for rejection.…

…Pleadings are the bedrock upon which all the proceedings derive from. It hence follows that any evidence adduced in a matter must be in consonance with the pleadings.…

…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…

…stated:- “Admissions of fact under order XII rule 6 need not be on the pleadings.…

…It is by now well settled by precedent that parties are bound by their pleadings and that evidence which tends to be at variance with the pleadings is for rejection.…

…Pleadings are the bedrock upon which all the proceedings derive from. It hence follows that any evidence adduced in a matter must be in consonance with the pleadings.…

…The issues of concern in this application are (a) whether after a judgment has been entered, a party can be allowed to amend his or her pleadings and (b) whether an appellate court has power to allow a party to amend pleadings…

…It is trite that amendments to pleadings can be done at any stage of proceedings even after the close of the case but before Judgment. The plaintiff did not take advantage of that position.…

…Its core contentions are: - (1) The application is frivolous, vexatious and ought to be dismissed with costs. (2) The application is premature and ought to have been filed after the close of pleadings and failure to comply…

…on 28th February 2025. 15.The defendant has not shown the court that it applied for leave to amend the defence after the close of pleadings. 16.However, without determining the objection, the central issue is whether there…

…That it is trite law that pleadings are superstructures for parties to set out their case and therefore it is imperative that the court is seized of all the facts and evidence. 6.…

…It is clearly evident that the purpose of allowing amendment of pleadings is to enable the court to determine the real issues in controversy between the parties once and for all.…

…Order 8 (1) states as follows; (1) A party may, without the leave of the court, amend any of his pleadings once at any time before the pleadings are closed . The defence is dated 12.3.2024.…

…The pleadings closed once the defence was filed. The plaintiff filed the amended plaint dated 30.5.2024, without the court’s leave. This was about two and a half months after the close of pleadings.…

…Submissions are essentially marketing tools and not pleadings.…

…It is by now well settled by precedent that parties are bound by their pleadings and that evidence which tends to be at variance with the pleadings is for rejection.…

…The principle that parties are bound by their pleadings means that they must adhere to the facts and claims stated in the pleadings (Plaint, Defence, Reply, etc.). 28.…

…Courts generally will not consider issues not raised in the pleadings. Parties cannot introduce new claims or defences not pleaded. Courts decide cases based on pleaded issues.…

…Application”), the Plaintiffs sought leave to amend their Amended Plaint dated 18th October, 2021, and to file supplementary and/or amended witness statements, list of witnesses and bundle of documents in support of the amended pleadings…

…The law applicable to amendment of pleadings is as follows:- Order 8, rule 3 of the Civil Procedure Rules states as follows:- “[Order8, rule 3.]…

…It was also submitted that the parties are bound by their pleadings and thus the invoices should tally with the pleadings.…

…Ltd [2018] eKLR it was held; ‘’It is by now well settled by precedent that parties are bound by their pleadings and that evidence which tends to be at variance with the pleadings is for rejection.…

…The Court added that unless pleadings were amended, parties were confined to their pleadings.…

…Whereas I acknowledge that the agreement was produced as an exhibit in this matter, it must be remembered that parties are bound by their pleadings and any evidence that contradicts or goes outside the scope of the pleadings…

…The same provides for Amendment of Pleadings.…

…Further, Order 8 Rules 3(3) and 3(5) provide for amendment of pleadings with leave of the court.…

…Ltd [2018] KEHC 5465 (KLR) where the court stated that:- “It is by now well settled by precedent that parties are bound by their pleadings and that evidence which tends to be at variance with the pleadings is for rejection…

…Pleadings are the bedrock upon which all the proceedings derive from. It hence follows that any evidence adduced in a matter must be in consonance with the pleadings.…

…It seeks the following orders; 1) Spent 2) THAT the Plaintiff b granted lave to amend the pleadings specifically the Summons to Enter Appearance and Request for Judgment, to correctly reflect her name as Grace Cherotich Lang…

…The Plaintiff maintains that due to a typographical error, she filed pleadings in the suit erroneously.…

…Having considered the pleadings herein, submissions filed and the relevant law, I frame the following as the issue for determination- a.…

…It is a well established principle that parties are bound by their pleadings. In respect to the essence of pleadings, the Supreme Court of Kenya in its ruling in the case of Raila Amolo Odinga & Another vs.…

…He deposed that the Application to amend his pleadings on the basis of an error/mistake which is not fraudulent.…

…Rule 18 of the rules provides for amendment of pleadings and it states: - “18.A party that wishes to amend its pleadings at any stage of the proceedings may do so with the leave of the court.” 8.…

…Mr Wesonga for the applicant submitted that the preliminary objection is not pegged on pleadings as required by law . Miss Bosire submitted that the court lack jurisdiction to hear the matter. Determination 2.…

…Ltd –vs.- West End Distributors (1969) EA 696: where it was held ‘‘ a preliminary objection consists of a point of law which has been pleaded or which arises by clear implication out of pleadings and which if argued as a…