Case law
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Division and case type: CivilCivil Case
…Applying those principles to the instant case, requires a look at the pleadings, proceedings and judgment in the former case, and a look at the pleadings and issues in the present case. What I find is this.…
…Whether a matter was directly and substantially in issue in a former suit is to be determined by a reference to the pleadings, the issues and judgment.…
Division and case type: CivilCivil Appeal
…I shall briefly now refer to the pleadings. The filed defence of the 1st respondent increased this sum to Shs 300,000/=.…
…I do not find favour with Mr Mithega’s submission that the Court has a duty to look at the pleadings and determine whether it has jurisdiction.…
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: 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: FamilySuccession Cause
…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: CivilMiscellaneous Application
…The applicant annexed copies of pleadings and order of the court issued on 7.10.2004.…
…After considering submissions by learned counsels for both parties, the pleadings before me, the law as provided in the Children’s Act, and the various International Legal Instruments to which Kenya is a signatory, I am satisfied…
Division and case type: Constitutional and Human RightsPetition
…The applicant annexed copies of pleadings and order of the court issued on 7.10.2004.…
…After considering submissions by learned counsels for both parties, the pleadings before me, the law as provided in the Children’s Act, and the various International Legal Instruments to which Kenya is a signatory, I am satisfied…
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
…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 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: 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.…
Division and case type: CivilCivil Case
…Even on the pleadings themselves, the assumption that an accident did take place is wholly wrong because it is pleaded in paragraph 2 of the defence:- “The defendant denies the contents of paragraph 3 and 4 of the plaint…
Division and case type: CivilCivil Appli
…Itsubstituted "orders" of mandamus, prohibition and certiorarifor prerogative "writs" of mandamus, prohibition andcertiorari under S.7 (4) of the said Act it provided that:- "(4) No return shall be made to any such orderand no pleadings…
Division and case type: CivilCivil Appeal
…The advocate for plaintiff at the trial did not contribute to errors, nor in our view, do the pleadings.…
Division and case type: CivilCivil Suit
…to the Registrar of the High Court in Nairobi asking him to refund some fees to the plaintiff in the suit in that court because “the case was withdrawn as ‘his’ court had no jurisdiction to try it” After the close of the pleadings…
Division and case type: CivilCivil Case
…And upon looking generally at the pleadings filed, she granted temporary orders. The district registrar directed the three defendants and their agencies to allow the “six” (seven?)…