Case law
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Division and case type: Milimani Commercial CourtsCivil Case
…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…
Division and case type: CivilORIGINATING SUMMONS
…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.…
Division and case type: CivilCivil Appeal
…Those affidavits constituted the pleadings in this matter.…
Division and case type: CivilCivil Case
…The defendant was served but he filed no papers and the court being satisfied that he had due notice of the pleadings allowed the plaintiff to proceed by way of formal proof.…
Division and case type: CivilCivil Appeal
…It has been stated on many occasions that a litigant ought to be given a chance to defend or prosecute his suit if he has an arguable defence or claim which can be sustainable even after amendment of the pleadings.…
Division and case type: CivilCivil Case
…The procedure referred to must be order 9B rule 1(1) which provides that at any time after the close of the pleadings the plaintiff may, upon giving reasonable notice to every defendant who has appeared, set down the suit…
Division and case type: CivilCivil Appeal
…Turning to the pleadings, Mr Gautama on behalf of the appellants, has submitted that the question of whether Shakeel was acting as an agent for his father the defendant, so as to bind him by the agreement was never an issue…
…in the case, and he took this court in detail through the pleadings and the record in order to demonstrate his submissions.…
Division and case type: Constitutional and Human RightsConstitutional Petition
…any reason be continued as if the case had been begun by filing a Plaint, it may order the proceedings to continue as if the cause had been so begun and may, in particular, order that any affidavits filed shall stand as pleadings…
Division and case type: CivilCivil Appeal
…any reason be continued as if the cause had been begun by filing a plaint, it may order the proceedings to continue as if the cause had been so begun and may, in particular, order that any affidavits filed shall stand as pleadings…
Division and case type: CivilCivil Appeal
…The pleadings closed. Issues were settled and the matter was eventually set down to come for trial. It came on 29th November, 1994, before Hayanga, J. and it was called. According to the record, Mrs.…
Division and case type: CivilCivil Appeal
…any reason be continued as if the cause had been begun by filing a plaint, it may order the proceedings to continue as if the cause had been so begun and may, in particular, order that any affidavits filed shall stand as pleadings…
Division and case type: Anti-CorruptionPetition
…However, from the pleadings and the record, the bone of contention in the instant Application is not per se the Consent Orders of 3rd December, 2014 but in fact the orders issued on 2nd July, 2015.…
Division and case type: CivilCivil Appeal
…The appellant’s pleadings and evidence established negligence and it was hence upon the defendant to displace that negligence.…
Division and case type: CivilCivil Case
…Though the parties did not frame any issues it is clear from the pleadings that the two major issues for determination by this court are: (i) Whether the alleged arrest and imprisonment of the plaintiff was unlawful and the…
Division and case type: CivilCivil Case
…Even on the pleadings themselves, the assumption that an accident did take place is wholly wrong because it is pleaded in paragraph 2 of the defence:- “The defendant denies the contents of paragraph 3 and 4 of the plaint…
Division and case type: CivilCivil Appeal
…These facts did not emerge at the trial because of a mistake in the pleadings. The jury assessed £50.00 as damages, on the basis that Mrs. Gibbons did not need to allege or prove damage to her credit.…
Division and case type: Constitutional and Human RightsElection Petition
…Having heard all the above and gone over the pleadings, depositions, previous proceedings here plus the authorities presented, this is the court’s determination here.…
Division and case type: CivilCivil Appli
…Itsubstituted "orders" of mandamus, prohibition and certiorarifor prerogative "writs" of mandamus, prohibition andcertiorari under S.7 (4) of the said Act it provided that:- "(4) No return shall be made to any such orderand no pleadings…
Division and case type: CivilCivil Appeal
…arbitration such as the dispute between the parties which is covered by the “all differences” clause 9 of the policy, any party such as the appellant, may at anytime, after entry of appearance and before delivering any pleadings…
Division and case type: CivilCivil Appeal
…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.…