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…NO. 3457 of 1995 as the same will not turn on a serious issue for whether or not the affidavit of Mugesa Ole Kuseyo was defective as deponed in the applicants' affidavit in support of their application, the same is not fatal…

…From the affidavit in support of the applicants' application, it is not apparent what effect the alleged defect in the affidavit of Mugesa Ole Kuseyo in the superior court would have to their case in that court.…

…The application is supported by the affidavit of Mr Magugu sworn on 7th December, 1994.…

…In their grounds of objection and replying affidavit, Mr Magugu and Inns Ltd contended that it was a condition for the payment of the respondents’ fees that Inns Ltd obtained finances to undertake the project; that Inns Ltd…

…There was also an affidavit in support of the application sworn by Martin Gichohi Mwaniki, the advocate conducting the matter on behalf of the applicant and who swore that he was authorised by the applicant to swear the affidavit…

…The facts as stated in the record and in the affidavit in support of the application, are not in dispute. Mr.…

…According to the annexures to Flynn’s affidavit Ashford issued the defendant with a credit note in respect of the fungicide for Kshs 991,750 (dated August 28, 1984) and another credit note for Kshs 623,125 (dated August 25…

…It is not clear from Flynn’s affidavit what the relationship is between these two credit notes, but it is clear that the defendant received credit from Ashford and it appears to be in respect of the fungicide, the subject…

…To support this assertion, she annexed to her affidavit , a medical certificate signed by a Dr James Kamau who certified that “during the last seventeen months or so, Mrs Lilian Wairimu Kinyani has been bedridden with polyathritis…

…I can only assume that the point is being abandoned.The 1st respondent who appeared by Counsel, has produced no affidavit evidence to support his complaint of non service.Counsel for the 1st respondent urged repeatedly for…

…According to the applicant's supporting affidavit to the present application, he was financially incapacitated and was therefore unable to lodge the record of his intended appeal within the extended time.…

…Mr Khanna complains that the affidavit in support lacks particulars. It would of course have been as well to have included them.…

…The respondent has sworn no affidavit to this effect, and there is therefore no explanation for this delay.…

…Nyakeno in his submission before me and in his own affidavit. It is clear that when the applicants came to know of the judgment it was their clear intention to appeal against that judgment of the superior court.…