Case law
Search tips: "exact phrase" · -exclude · land | property · negligen* · citations like [2023] KEHC 123
Division and case type: FamilySuccession Cause
…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/=.…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: Constitutional and Human RightsPetition
…I recognize that parties are bound by their pleadings and I am unable to reconcile how in her evidence petitioner claims to have been tricked into marriage and she didn’t even release they had had a wedding, yet in her pleadings…
Division and case type: CivilCivil Appeal
…We cannot tell from the pleadings whether the appellant was referring to the same parcel of land to which the counterclaim relates.…
Division and case type: Constitutional and Human RightsElection Petition
…(iv) THAT I aver and affirm that parties are bound by their pleadings and that any evidence led by any of the parties which does not support the averments in the pleadings, or put in another way, which is at variance with…
…the averments of the pleadings goes to no issue and must be disregarded.…
Division and case type: Constitutional and Human RightsElection Petition
…(iv) THAT I aver and affirm that parties are bound by their pleadings and that any evidence led by any of the parties which does not support the averments in the pleadings, or put in another way, which is at variance with…
…the averments of the pleadings goes to no issue and must be disregarded.…
Division and case type: Environment and LandLand Case
…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.…
Division and case type: CivilCivil Case
…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.…
Division and case type: CivilCivil Appeal
…Those affidavits constituted the pleadings in this matter.…
Division and case type: CivilCivil Appeal
…arbitration such as the dispute between the parties which is covered by the “all differences” clause 9 of the policy, any party such as the appellant, may at anytime, after entry of appearance and before delivering any pleadings…
Division and case type: CivilCivil Appeal
…for declaration by originating summons, but under the amended rule 10 of the same order if an originating summons has been filed, it can proceed as if the suit was commenced by plaint and the affidavit filed be treated as pleadings…
Division and case type: CivilCivil Appeal
…There was also a passage in Bullen & Leake’s Precedents of Pleadings (3rd edition) pp 362, 363 and the authority of Riley v Baxendale (1861), 6 H & N 445 in which the Court (Pollock CB and Martin and Wilde BB) was of the…
Division and case type: CivilCivil Appeal
…From the pleadings, and the written and oral submissions of the parties, the following issues arise for determination: (a). whether this Court has jurisdiction to entertain this application?…