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…As correctly submitted on behalf of the Applicant, a preliminary objection must be based on pure points of law that flow from the pleadings.…

…To ascertain that a matter is res judicata the court must have at least the pleadings and decision in the former suit which it will then consider in relation to the current suit/action.…

…That the prayers sought in the pleadings pointed to a land boundary dispute.…

…That the Preliminary objection was anchored on section 18 (2) of the Land Registration Act by clear implication of the Appellant’s pleadings.…

…Further that parties are bound by their pleadings.…

…Ltd [2018] it was held that; “It is now settled by precedent that parties are bound by their pleadings and that evidence which tends to be at variance with the pleadings is for rejection.…

…That no pleadings have been attached to the application. Counsel submitted that the parties in the suit are different. That the Plaintiff in the present case was only registered in the year 2019.…

…Courts should endeavour to sustain suits rather than terminate them summarily and striking out of pleadings and actions being such a drastic action should only be resorted to where the pleadings/action are so hopeless and…

…leave to file and serve amended pleadings within such period as the court may deem fit. v)   The costs of this application be provided for.…

…The case of the Applicant is that on 3rd July, 2025 the court issued an order directing her to amend her pleadings within 14 days, failing which the suit would stand struck out with costs.…

…That a party is bound by its pleadings. That the plaint dated 29th June, 2017, contains no pleading that the fraud was discovered in 2016.…

…Counsel submitted that as per the pleadings, the cause of action arose in the year 2010 and the suit was filed on 29th June 2017 before the lapse of 12 years statutory period.…

…These valuations or opinions as they are referred to are not (in the) pleadings. They cannot be relied on here.…

…I have perused the pleadings in the primary suit. The value of the subject matter of the suit was not ascertainable from the pleadings.…

…The lower court considered the pleadings and the evidence tendered by the parties and delivered a judgment on the matter on 26th January 2023.…

…are adversaries, it is left to each one of them to formulate his case in his own way, subject to the basic rules of pleadings … for the sake of certainty and finality, each party is bound by his own pleadings and cannot…

…The Appellant submitted that preliminary objections contingent on facts or circumstances not evident in the pleadings cannot stand as valid preliminary objections.…

…A preliminary objection must be based on a pure point of law that has been pleaded or which arises by implication from the pleadings.…

…I have considered the Preliminary Objection against the pleadings filed and the submissions made.…

…A Preliminary Objection must therefore be based on pure points of law that flow from the pleadings filed.…

…That no pleadings have been attached to the application. Counsel submitted that the parties in the suit are different. That the Plaintiff in the present case was only registered in the year 2019.…

…Striking out of pleadings and actions is a such a drastic action and should only be resorted to where the pleading is hopeless and sham.…

…Preliminary Objection should be based on the presumption that the pleadings and the facts as pleaded by the opposite side are correct or agreed facts.…

…The facts are liable to be contested. in the present case, the pleadings referred to is the plaint filed by the plaintiff and the objection is based on a plea of limitation.…

…Ombwayo J. on 7th December, 2021. 3)   The honourable court be pleased to grant the 1st Defendant leave to file responding pleadings, to the pleadings of the 2nd – 6th Defendants, and to adduce evidence before a judgment…

…Ombwayo J. so that he can be afforded an opportunity to participate in the proceedings and respond to the pleadings filed by the other parties. Counsel urged the court to allow the application.…

…That Order 2 refers to pleadings and that Order 2 Rule 9 provides that a party may by his pleadings raise any point of law.…

…It is also common ground that the Preliminary Objection raised before the trial court challenged the jurisdiction of the trial court and not the pleadings of any party.…

…It was submitted on behalf of the Appellants that the preliminary objection arose by clear implication out of the Respondent’s pleadings. That the Respondent’s suit revolves around a boundary dispute.…

…That the Appellants raised the Preliminary Objection anchored on section 18(2) of the Land Registration Act as applicable to the Respondent’s own pleadings.…

…are adversaries, it is left to each one of them to formulate his case in his own way, subject to the basic rules of pleadings … for the sake of certainty and finality, each party is bound by his own pleadings and cannot…

…The court itself is as bound by the pleadings of the parties as they are themselves. …

…the Originating Summons is incompetent, fatally defective in law, and an abuse of the court process for pleading mutually exclusive, legally inconsistent, and irreconcilable cause of action. (2)   THAT, the Applicant’s pleadings…

…between the late Nelson Ochieng Adhok and the late Joseph Ramogi Akobi, thereby disclosing permissive, consensual, and licenced occupation deriving from the registered proprietor at the material time. (3)   That in the same pleadings…

…dispute which parties themselves had raised in the pleadings.…

…are adversaries, it is left to each one of them to formulate his case in his own way, subject to the basic rules of pleadings … for the sake of certainty and finality, each party is bound by his own pleadings and cannot…

…Ltd, in which the court stated: “It is by now well settled by precedent that parties are bound by their pleadings and that evidence which tends to be at variance with the pleadings is for rejection.…

…Pleadings are the bedrock upon which all the proceedings derive from. It hence follows that any evidence adduced in a matter must be in consonance with the pleadings.…

…That the value of the subject matter is not disclosed in the pleadings, hence a reasonable award on the instructions fees ought to have been awarded.…

…That the valuation report filed in court and which formed part of the pleadings gave the value of the subject matter to be Kshs.15,000,000/-.…