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…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.…

…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.…

…He therefore argued that there was evidence that pleadings had not closed in this case as required by order XVI Rule 5.…

…The court will begin by considering whether or not the application is defeated by the pleadings not being close.…

…The application is based on the ground that:- (a) the plaintiff has taken no further steps in the matter since the close of pleadings; and (b) the plaintiff has failed to comply with the order of Mulwa, J. dated 6.3.2001…

…There being no reply to defence, the pleadings are deemed to have been closed on or about 10.11.1999. From then onwards up to 11.4.2000, the plaintiff took no step whatsoever to prosecute the suit.…

…The application is based on the ground that:- (a) the plaintiff has taken no further steps in the matter since the close of pleadings; and (b) the plaintiff has failed to comply with the order of Mulwa, J. dated 6.3.2001…

…There being no reply to defence, the pleadings are deemed to have been closed on or about 10.11.1999. From then onwards up to 11.4.2000, the plaintiff took no step whatsoever to prosecute the suit.…

…Order 12 Rule 6 reads as follows: “6 Any party may at any stage of a suit, where admission of facts has been made, either on the pleadings or otherwise, apply to the court for such judgment or order as upon such admissions…

…Request for and answer to particulars form part of pleadings. Even if that were not the case, rule 6 aforesaid provides for admission either on the pleadings or otherwise.…

…No prejudice or injustice had been suered by the appellants in the appeal by the procedural irregularity in the pleadings that occurred. Appeal dismissed. Citations 1.…

…Had issues been framed at the hearing, the necessity for amendment of the pleadings would immediately have become apparent, and much trouble and expense avoided.…

…any legal proceedings in any Court against any other party to the agreement … in respect of a matter agreed to be offered:- (a) any party to those proceedings may at any time after appearance, and before delivering any pleadings…

…or taking any other steps in the proceedings, apply to that Court to stay the proceedings …” Mr Kituku for the defendant submitted that a party may rely on the above subsection even after delivering pleadings.…

…When the suit came up for hearing the plaintiff gave evidence in line with his pleadings and explained how he was injured.…

…I have considered the evidence of the plaintiff and the doctor and relate the same to the pleadings. The evidence remains uncontroverted and I believe the defendant is liable for the injuries sustained by the plaintiff.…

…The learned Resident magistrate erred in law in treating the proceedings as testate instead of intestate without a change in the pleadings. 6.…

…It is clear from the pleadings supplied that the value of the asset of the Estate is given at Ksh.200,000/=.…

…I have seen nothing in the pleadings or the affidavits that incriminate adversely the position of the first defendant. What then is the cause of action shown by the plaintiff against the first defendant?…

…In the pleadings there are no allegations of forgery against the 3rd defendant Mrs Gladys Boss Shollei.…

…The one issue raised by the pleadings was whether or not, the appellant held the material parcel of land in trust for himself and the respondents.…

…It would therefore be unreasonable to expect the elders to have confined themselves to what is described in the memorandum of appeal, as issues raised in the pleadings.…

…Amended pleadings in defence would be no more onerous than pleading to a new suit. Abortive pleadings to date can be compensated in costs.…

…The mere fact that the first respondent may succeed on the amended pleadings where it would have failed on the original pleadings is not an injustice to the appellant.…

…He suspects that the plaintiff’s allegations in her pleadings are because she is unhappy and angry that he is going to marry someone else. In this regard he has annexed her letter to him.…

…In the context of the pleadings filed herein, it has to be said that if the partnership is proved to have irretriveably broken down, as alleged by the plaintiff then the orders sought in the plaint will inevitably be granted…

…Looking at the pleadings before the court there can be no dispute that the plaintiff’s claim against the defendant is in respect of Kshs 69,238.90 as the balance of the amount due from the defendant to the plaintiff in respect…

…Having considered the pleadings before the court and in view of the concise statement of the plaintiff’s claim and the defence filed herein in which the claim is denied in total, I am of the view that the other paragraphs…

…We cannot tell from the pleadings whether the appellant was referring to the same parcel of land to which the counterclaim relates.…

…These follow the usual, stereotyped, particulars of negligence which can be obtained from any book on pleadings and civil procedure.…

…Adogo said that if the overloading of the scrap metal on the tractor was the cause of the Appellant jumping off, then this was not pleaded and was another instance of the variation between the pleadings and the evidence which…

…The prayer to sell by private treaty had been omitted and it is apparent from the pleadings that negotiations were underway to sell the property by private treaty but the defendant refused to release photostat copies of the…

…My reading of the pleadings in the present suit is that despite the fact that the plaintiffs obtained an injunction restraining the 2nd defendant from selling the property, it nevertheless went ahead and allowed the 1st defendant…

…From the pleadings before me, it is clear that the Plaintiff did not supply the particulars within the stipulated time. The Plaintiff supplied particulars on 4th July, 2008. That was 5 weeks after the time agreed.…

…The Plaintiff being dissatisfied with the particulars filed an application seeking to have the Defendant’s pleadings struck out. The Defendant’s Advocate did not appear for the hearing of the application.…

…The appeal No. 53/93 filed by the applicant was on 27th July, 1999 struck out for failure to comply with Rule 85(1)(c) in that primary documents by way of pleadings were not included in the record.…