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…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.…

…While it may be desirable to plead such an important point of law in one’s pleadings failure to do so in my view does not preclude the plaintiff from adducing and relying on such evidence.…

…Under order VI rule 3 Civil Procedure Rules a party need not plead evidence and under order VI rule 7 a party is at liberty to raise or leave out a point of law in his pleadings.…

…We cannot tell from the pleadings whether the appellant was referring to the same parcel of land to which the counterclaim relates.…

…Under that order: - “ Any party may at any stage of a suit where admission of facts has been made either on the pleadings or otherwise, apply to the Court for such judgment or order as upon such admission he may be entitled…

…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.…

…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.…

…That not withstanding the general rule is that a party is bound by his pleadings. The appellant claimed expenses incurred in pursuing refund and no proof was led as to this claim and it was rightly rejected.…

…See Bullen and Leak, 12th edition at p 379 and a claim for special damages must be expressly claimed in the pleadings with full particulars of how it is made out.…

…I have carefully considered all the pleadings and submissions made in this matter.…

…Those affidavits constituted the pleadings in this matter.…

…This led to the subsequent pleadings being wrongly headed. However, I do not think that this affects the substances and merits of the matter and decide the same on merits.…

…The defendant was served but he filed no papers and the court being satisfied that he had due notice of the pleadings allowed the plaintiff to proceed by way of formal proof.…

…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…

…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?…

…Since the main case is still pending I will not analyse the pleadings.…