this she referred this court to the case of James Funke Gwagilo vs.
The Attorney General, [2004] TLR 161; Peter Karanti & 48
Others vs. Attorney General & 3 Other Civil Appeal No. 3 of
1994, (Unreported)" and the case of Tina & Co Limited & 2
Others vs Eurafrican Bank (T) Ltd, Civil Application No.86 of
2015 (CAT Unreported)
Consequently, we are on the same angle that, this court to
entertain issues which are not before it is to contravene the principle
laid down in the case of
Melchiades John Mwenda vs Gizelle
Mbaga (Administrix of the Estate of John Japhet Mbaga
-
deceased) and 2 Others, Civil Appeal No. 57 of 2018 (unreported)
stated as follows:
"It is elementary law which is settled in our jurisdiction that the
Court will grant only a relief which
has
been
prayed
for, several
decisions that parties are bound by their own pleadings."
Going by the above principles, it is our view that we must limit
ourselves to the issues raised in the pleadings as it is an elementary
and fundamental principle of determination of disputes between the
parties that courts of law should observe so to guarantee parties' right
31
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