18 (2) (3) EAST AFRICAN COMMUNITY GAZETTE 5th May, 2010 (a) particulars of any misrepresentation, fraud, negligence, (a) or undue influence on which the party pleading relies; and breach of trust, wilful default (b) where a party pleading alleges any condition of the mind of any person, such as disorder or disability of mind, malice, fraudulent intention or other condition of the mind except knowledge, particulars of the facts on which the party relies. A party shall plead every matter which— (a) is alleged to make the pleading of the opposite party not maintainable; or (b) if not specifically pleaded, would take the opposite party by surprise; or (c) raises issues of fact not arising out of the preceding pleading. Subject to Rules 37 and 40, a party may in any pleading plead any matter which has arisen at any time, whether before or since the filing of the reference or statement of claim. Rule 39: Annexures to pleadings (1) There shall be annexed to the original of every pleading certified copies of any relevant document in support of the contentions contained in the pleading. (2) If only parts of the documents are relevant, only such certified extracts as are necessary for the purpose of the pleading in question or for identifying the document need be annexed. (3) A list of all documents annexed to a pleading shall be furnished at the time the pleading is filed. Rule 40: Departure (1) No party may, in any pleading, make an allegation of fact, or raise any new ground of claim, inconsistent with that party’s previous pleading in the same case. (2) Sub-rule (1) shall not prejudice the right of a party to amend or apply for leave to amend any previous pleading. Rule 41: Points of law A party may by pleading raise any point of law. Rule 42: Particulars of pleadings (1) The Court may order a party to supply to any other party better or further particulars of any application, claim, defence or other matter stated in its pleading, and the order may be made on such terms as the Court thinks just. (2) An order under this Rule shall not be made before the filing of the defence unless the order is necessary or desirable to enable the respondent to plead or for some other special reason. Rule 43: Admissions and denials (1) Any allegation of fact made by a party in a pleading shall be deemed to be admitted by the opposite party unless it is denied by the opposing party in the pleading.