Case law
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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: 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: 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: 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: 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 FamilyFamily Originating Summons
…He who alleges must proof and proof must be pegged on the pleadings. 33.…
…At this moment, I will highlight the importance of pleadings. 37.…
Division and case type: High Court CivilCivil Appeal
…The original trial court records availed herein do not have the pleadings which were the foundation for the trial.…
…I am unable to tell whether the pleadings availed in the record of appeal were the same pleadings used at trial. 3.…
Division and case type: High Court CivilCivil Appeal
…Parties are bound by their pleadings.…
…One version is in the pleadings, the other is in the oral testimony.…
Division and case type: High Court Commercial and TaxCommercial Matters
…Thuku, learned Counsel for the plaintiff submitted that the plaintiff’s case revolves around two issues; being the legal effect of the withdrawn suit on the pleadings and amendment of pleadings.…
…This Court therefore finds that the plaintiff is not entitled to the orders sought for extension of time to file its pleadings. Whether the order for amendment of pleadings should be allowed. 17.…