Case law
Search tips: "exact phrase" · -exclude · land | property · negligen* · citations like [2023] KEHC 123
Division and case type: CivilCivil Suit
…XVI rule 5 presupposes that the pleadings are proper.…
…However, considering that there appear to be a misunderstanding as to what constitutes “pleadings” I have been constrained to say something on that.…
Division and case type: CivilCivil Suit
…for permission to add the second defendant apparently on the basis that in the circumstances the addition of the new second defendant was an amendment of the plaint and not an addition of a party, made before the close of pleadings…
…It provides: “(1) A party may, without the leave of the court, amend any pleading of his once at any time before the pleadings are closed” and that the amendment dated from the date of the plaint.…
Division and case type: High Court Judicial ReviewJudicial Review Miscellaneous
…The court itself is as bound by the pleadings of the parties as they are themselves.…
…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.…
Division and case type: High Court Commercial and TaxCommercial Matters
…A party may, without the leave of the court, amend any of his pleadings once at any time before the pleadings are closed. 2.…
…On the question of when pleadings are deemed to have closed, Rule 3 provides useful guidance.…
Division and case type: High Court Commercial and TaxCommercial Matters
…A party may, without the leave of the court, amend any of his pleadings once at any time before the pleadings are closed. 2.…
…On the question of when pleadings are deemed to have closed, Rule 3 provides useful guidance.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…and cannot be allowed to raise a different fresh case without due amendment properly made to their pleadings.…
…Mrima stated as doth: “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.…
Division and case type: High Court CivilCivil Suit
…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.…
Division and case type: High Court Judicial ReviewJudicial Review
…The court itself is as bound by the pleadings of the parties as they are themselves.…
…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.…
Division and case type: High Court FamilyFamily P&A Intestate
…He further stated that even if the court finds that the pleadings were drawn by firms not instructed, the pleadings will not be defective if they were drawn by a person who was an advocate.…
…It is also not disputed that there are pleadings in the court record filed by the said firm.…
Division and case type: High Court Commercial and TaxCommercial Matters
…It is undisputed that the pleadings are closed. Order 8 Rule 1(1) permits a party to amend pleadings without leave of the court only if this is done before the close of pleadings.…
…Once pleadings are closed, leave of the court is required for any amendment.…
Division and case type: High Court FamilyFamily Civil Case
…Ltd [2018] eKLR, Justice A C Mrima stated: 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 align with the pleadings.…
Division and case type: Environment and Land CourtELC Land Appeal
…The submissions by the State invited he Court to find that the trial magistrate was right in considering the pleadings and he evidence on the record or filed with the pleadings.…
…Indeed, in law, parties are bound by their pleadings. They ought not to urge their cases, adduce evidence and by the same token urge preliminary objections that are outside their pleadings.…
Division and case type: Environment and Land CourtELC Land Appeal
…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.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…It is trite law that parties are bound by their pleadings and any evidence which does not support the pleadings must be disregarded. This was clearly put by my brother A.C.…
…Ltd when he stated as follows: “It is now well settled by precedent that parties are bound by their pleadings and that evidence which tends to be at variance with pleadings is for rejection.…
Division and case type: Environment and Land CourtELC Land Appeal
…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.…
Division and case type: High Court CivilCivil Appeal
…The respondent stated that parties are bound by the orders they seek in their pleadings.…
…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.…
Division and case type: Environment and Land CourtCivil Suit
…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.…
Division and case type: High Court FamilyFamily Originating Summons
…Parties are bound by their pleadings. 33. At this moment, I will highlight the importance of pleadings. 34.…
…The court itself is as bound by the pleadings of the parties as they are themselves.…
Division and case type: High Court Commercial and TaxCommercial Appeal
…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.…
Division and case type: Environment and Land CourtELC Land Civil Suit
…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.…