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…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 ...”…

…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/=.…

…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.…

…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…

…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.…

…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.…

…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.…

…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…

…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…

…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…

…The respondent also relied on his pleadings. In addition he stated that the said agreement dated 4th August, 2007 was drawn by the applicant and her relatives and that he signed the same under duress.…

…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.…

…There was quick reaction by the respondent in applying for amendment of the pleadings under Rule 44 (2).…

…From the pleadings, facts and evidence presented before court, two issues arise for determination by this court; a) Whether the 1st defendant bought the suit premises from money sent to their mother by he plaintiff and therefore…

…I am aware though that in making this order, the plaintiff had not in her pleadings and evidence asked for the same. However I am doing this for the ends of justice to be met.…

…Counsel for the Appellant who had not filed any pleadings in opposition to those applications argued that the order of stay in HC Mis.…

…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.…

…Pleadings closed normally and directions on a summons were given. By May, 1983 the suit was ready for trial.…

…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…