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: 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: 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: 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: 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
…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 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
…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: CivilCivil Appeal
…Those affidavits constituted the pleadings in this matter.…
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…