Search court decisions

…He advised the advocates for the parties to get on with the pleadings and then appear before him for early hearing dates for the trial.…

…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…

…to the Registrar of the High Court in Nairobi asking him to refund some fees to the plaintiff in the suit in that court because “the case was withdrawn as ‘his’ court had no jurisdiction to try it” After the close of the pleadings…

…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.…

…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…

…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.…

…It is clear that the appellant here complains of the learned trial judge’s scrutiny, evaluation and appreciation of the pleadings and evidence placed before him and his process or reasoning which led to his erroneous decision…