Case law
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Division and case type: CivilMiscellaneous Application
…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.…
Division and case type: CivilCivil Appeal
…The advocate for plaintiff at the trial did not contribute to errors, nor in our view, do the pleadings.…
Division and case type: CivilCivil Case
…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…
Division and case type: CivilMiscellaneous Application
…It is worth noting that the pleadings in Embu PMCC 74 of 1991 were not annexed to any of the affidavits filed in this matter before me. On the 16th April, 1999, however, KENYAC as a chargee in respect of L.R.…
Division and case type: CivilCivil Appeal
…On the pleadings, both appellants denied negligence.…
Division and case type: CivilCivil Case
…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.…
Division and case type: CivilCivil Appeal
…for declaration by originating summons, but under the amended rule 10 of the same order if an originating summons has been filed, it can proceed as if the suit was commenced by plaint and the affidavit filed be treated as pleadings…
Division and case type: CivilMiscellaneous Application
…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.…
Division and case type: CivilCivil Suit
…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.…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Appeal
…There was also a passage in Bullen & Leake’s Precedents of Pleadings (3rd edition) pp 362, 363 and the authority of Riley v Baxendale (1861), 6 H & N 445 in which the Court (Pollock CB and Martin and Wilde BB) was of the…
Division and case type: CivilCivil Suit
…It is possible that, since an assault was express mention of criminal responsibility in the pleadings, that the learned judge thought the case should be treated in the same way as a criminal prosecution.…
Division and case type: CivilCivil Case
…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…
Division and case type: CivilCivil Appeal
…It is not possible to press the pleadings and facts in this case, into the mould of The Arne, because a defence is pleaded that the respondent had done all it could and that it was not at fault.…
Division and case type: CivilCivil Suit
…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…
Division and case type: CivilCivil Appeal
…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…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Appeal
…From the pleadings, and the written and oral submissions of the parties, the following issues arise for determination: (a). whether this Court has jurisdiction to entertain this application?…
Division and case type: CivilCivil Suit
…Since the main case is still pending I will not analyse the pleadings.…
Division and case type: CivilCivil Appeal
…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…