Case law
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Division and case type: CivilMiscellaneous Application
…The error in the original plaint contravened the nature of pleadings which is: “the means by which the parties are enabled to state and frame the issues ...…
…The system of pleadings operates to define and delimit with clarity and precision the real matters in controversy between the parties upon which they can prepare and present their respective cases ...”…
Division and case type: CivilCivil Suit
…The error in the original plaint contravened the nature of pleadings which is: “the means by which the parties are enabled to state and frame the issues ...…
…The system of pleadings operates to define and delimit with clarity and precision the real matters in controversy between the parties upon which they can prepare and present their respective cases ...”…
Division and case type: CivilCivil Appeal
…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…
Division and case type: CivilCivil Appeal
…Before dealing with the important points of law raised in this appeal, it is necessary to set out the relevant facts which are established by the pleadings and by the evidence. 2.…
Division and case type: Constitutional and Human RightsJudicial Review
…I have carefully read and critically put into account all the led pleadings, the written submissions, cited authorities relied on and the relevant provisions of the appropriate and enabling laws with regard to the instant…
…but that the claim of violation must be discernible from whatever pleadings have been placed before the court.…
Division and case type: CivilCivil Appeal
…I have carefully read and critically put into account all the led pleadings, the written submissions, cited authorities relied on and the relevant provisions of the appropriate and enabling laws with regard to the instant…
…but that the claim of violation must be discernible from whatever pleadings have been placed before the court.…
Division and case type: CivilCivil Suit
…The history and the facts of the matter as can be gleaned from the pleadings are these: That by an agreement dated the 11th November 1998 the first defendant agreed to assign and the plaintiff greed to take the pieces of…
Division and case type: CivilCivil Appeal
…On July 7, 1980 Scriven J made an uncalled for order outside the pleadings and issues for trial, when he declared that Ogowe Oliech had rights in possession against the whole of the land, such as are capable of definition…
Division and case type: CivilCivil Suit
…It was apparent from the pleadings filed by the Applicant that he desired the question of instruction fees payable on the contributors’ costs to be based on the value of the indicated crude oil reserve and not the nature…
Division and case type: CivilCivil Case
…Upon application he was allowed to submit in opposition of the application on the basis of the pleadings and the law only. In support of the application the plaintiff swore one affidavit.…
Division and case type: CivilCivil Appeal
…There was quick reaction by the respondent in applying for amendment of the pleadings under Rule 44 (2).…
Division and case type: CivilCivil Appeal
…Counsel for the Appellant who had not filed any pleadings in opposition to those applications argued that the order of stay in HC Mis.…
Division and case type: CivilCivil Appeal
…Of these at least five are, in my experience, stereotyped allegations of negligence which can be found in any standard text book on pleadings and in the pleadings in m9ost of the accident actions brought in any of the countries…
…After careful consideration of Mr Wasuna’s submission on this aspect, I do not think the appellant was precluded on the pleadings from alleging and proving contributory negligence if he could.…
Division and case type: CivilCivil Case
…Pleadings closed normally and directions on a summons were given. By May, 1983 the suit was ready for trial.…
Division and case type: CivilCivil Case
…affidavit, Iobserve that there was no attempt made to specifically deny theallegation of bad faith and ill-will on the part of the 3rd Plaintiff.Paragraph 8 of the Statement of Defence has equally not been deniedin the pleadings…
Division and case type: CivilCivil Appeal
…John Onyango was not sued for trespass, and it would have been contrary to the pleadings for the magistrate to have held that the civil case before him involved trespass to land.…
Division and case type: CivilCivil Case
…The procedure referred to must be order 9B rule 1(1) which provides that at any time after the close of the pleadings the plaintiff may, upon giving reasonable notice to every defendant who has appeared, set down the suit…
Division and case type: CivilCivil Appeal
…Turning to the pleadings, Mr Gautama on behalf of the appellants, has submitted that the question of whether Shakeel was acting as an agent for his father the defendant, so as to bind him by the agreement was never an issue…
…in the case, and he took this court in detail through the pleadings and the record in order to demonstrate his submissions.…
Division and case type: Constitutional and Human RightsConstitutional Petition
…any reason be continued as if the case had been begun by filing a Plaint, it may order the proceedings to continue as if the cause had been so begun and may, in particular, order that any affidavits filed shall stand as pleadings…
Division and case type: CivilCivil Appeal
…The appellant’s pleadings and evidence established negligence and it was hence upon the defendant to displace that negligence.…