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…Did that comport with the pleadings and evidence at the trial Court? 17. It should not be lost of the legal point that parties are bound by their pleadings.…

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

…From the pleadings, no such issue arose.…

…It is trite that parties are bound by their pleadings, and the issues for determination arise from pleadings. In any dispute, each party’s case is anchored on their respective pleadings. Pleadings define a party’s case.…

…Kamau & another v Kyalo & another [2025] KEHC 2491 (KLR) held as follows: “It is trite that parties are bound by their pleadings and any evidence that is at variance with the pleadings goes to no issue.…

…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.…

…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.…

…leave to amend their pleadings. c) Despite of this, the Defendant amended its pleadings beyond the scope granted by the Honourable Court. d) The amendments made by the Plaintiff were technical in nature and never affected…

…According to the Defendant/Applicant, neither the general power of the court to allow amendment of pleadings nor the object of amending pleadings is an issue of conflict in the present application.…

…In Mutwol v Mutwol & 4 others (Environment & Land Case 37 of 2020) emphasized the importance of pleadings and stated that: I begin this analysis by restating the law regarding the importance of pleadings.…

…It is trite that pleadings form the backbone of any case. Often courts have emphasized the point that many parties lose cases for reasons of poorly drafted pleadings.…

…Cosmopolitan Travel Ltd & Another [2021] eKLR, where the court stated that the issues in civil cases should be raised in the pleadings, and if an issue arises which does not appear on the pleadings in their original form…

…It is well settled that parties are bound by their pleadings and it is upon the pleadings that the court gets the issues for determination.…

…On departure from pleadings and issuance of orders not sought by the parties, a review of the pleadings filed in the lower court shows that the plaintiff/respondent departed from her pleaded case leading to granting of orders…

…that were not sought in her pleadings by the trial court. 44.…

…The 3rd respondent has submitted all necessary pleadings and has a defensible, meritorious case. 7.…

…Accordingly, nothing turns on this issue as parties were bound by their pleadings as filed. 38. Pleadings are the bedrock upon which all the proceedings derive from.…

…In the Dakianga case (supra) it was stated as follows: “A useful discussion on the importance of pleadings is to be found in Bullen and Leake and Jacob's Precedents of Pleadings, 12th Edition, London, Sweet & Maxwell (The…

…Nyasulu [1998] MWSC 3 states of the importance of pleadings: “As the parties are adversaries, it is left to each one of them to formulate his case in his own way, subject to the basic rules of pleadings... for the sake of…

…That the same was lodged after closure of pleadings in this case.…

…Order 8 (supra) governs amendment of pleadings. Rule 5 thereof provides for general power to amend pleadings for determination of the real matters in controversy in cases. 22.…

…That the same was lodged after closure of pleadings in this case.…

…Order 8 (supra) governs amendment of pleadings. Rule 5 thereof provides for general power to amend pleadings for determination of the real matters in controversy in cases. 22.…

…It is now a principal of trite law that parties are bound by their pleadings and that any evidence led by any of the parties which does not support the averments in the pleadings or put in another way, which is at variance…

…with the averments of the pleadings goes to no issue must be disregarded.…

…As correctly submitted on behalf of the Applicant, a preliminary objection must be based on pure points of law that flow from the pleadings.…

…To ascertain that a matter is res judicata the court must have at least the pleadings and decision in the former suit which it will then consider in relation to the current suit/action.…

…Parties bound by their pleadings. They are not permitted to depart in adduction of evidence from the pleadings otherwise it would amount to trial or defence by ambush.…

…Ltd [2018] eKLR, stated as follows: - “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 would require examination of the pleadings filed in the succession proceedings, the issues framed therein, and comparison with the pleadings before this Court.…

…Such an exercise necessarily entails consideration of factual material beyond the pleadings presently before Court. 23.…

…Thus, he is seeking leave of this court to amend the pleadings and substitute the said originating summons with a plaint.…

…That amendment to pleadings should not introduce new or inconsistent cause of actions or issues.…

…Defendant’s case that the Amended Plaint had been filed without the Court’s leave and after the close of pleadings. 9.   …

…As it were, amendment of pleadings is governed by Section 100 of the Civil Procedure Act, Cap 21 of the Laws of Kenya which provides as follows: “100.…

…The Court shall therefore determine the Preliminary Objection on the basis of the pleadings and the parties' written submissions. 8.…

…By its own wording, therefore, the objection invites the Court to consider evidentiary material beyond the pleadings. 14.…