Case law
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Division and case type: CivilCivil Appeal
…This default is admitted by the appellant in his replying affidavit.…
…This default is also admitted by the appellant in his replying affidavit although he says that he has put the matter right by filing a supplementary record of appeal containing those documents.…
Division and case type: CivilCivil Appeal
…In its replying affidavit in opposition to the respondent’s application for summary judgment dated 18th March, 1992 the appellant denied having received this letter claiming that the initials on the delivery note did not…
…affidavit mentioned above.…
Division and case type: CivilCivil Appeal
…However, in his replying affidavit sworn on 16th November, 1993, and filed on the same day Mr Malakwen states and we quote: “I have now seen the notice of motion dated 28th October, 1993, and an affidavit sworn by one Mr…
…Mr Josiah in his replying affidavit sworn on 16th November, 1993, and filed on the same day has stated that he was never served with any court order or at all in regard to this matter.…
Division and case type: Environment and LandLand Case
…Akwalu for the Defendant/Respondent opposed the application and relied on the replying affidavit of the Defendant/Respondent sworn on 30th November, 2012.…
Division and case type: CivilCivil Appeal
…There was no replying affidavit from the respondents.…
…There was no replying affidavit to challenge the appellant’s affidavit evidence that it was not until 1977 that he became aware of that report.…
Division and case type: Environment and LandLand Case
…The respondent filed a replying affidavit on 4th March, 2016.…
Division and case type: Environment and LandLand Case
…Kamaara did not seek time to file replying affidavit although he was entitled to such time having been served only a day prior to the date of hearing. Mr.…
Division and case type: CivilCivil Appeal
…By a replying affidavit the defendant depones inter alia, that the land in question is agricultural land and covered by the provisions of the Land Control Act.…
Division and case type: CivilCivil Appeal
…That I swear this affidavit in reply to the applicant’s affidavit supporting his originating summons and reply that the applicant herein has no locus standi to have himself registered in my land by way of adverse possession…
…In his replying affidavit the respondent deponed that he had disputed with the appellant both the sale and the latter ’s occupation of the suit premises during a period which included appearances before a panel of elders…
Division and case type: CivilCivil Appeal
…The replying affidavit filed on behalf of the appellant in opposition to the respondent's application was sworn by it's sales manager, one Mungaithi.…
Division and case type: CivilCivil Appeal
…The affidavit in reply and in opposition to the application was sworn by Vishram Ravji Halai (one of the appellants) in which he repeated basically the averments in the defence.…
…In his written submissions, Mr Khan, who then appeared for the appellant, raised for the first time an issue which had previously not been pleaded in the defence or raised in the replying affidavit namely that there is a…
Division and case type: CivilCivil Appeal
…The first respondent does not appear to have filed a replying affidavit but it filed grounds of opposition to the effect that the application lacked merit, was filed purposely to buy time, was intended to deny the 1st respondent…
Division and case type: CivilCivil Appeal
…The Managing Director of the plaintiff swore a replying affidavit in which he deponed that the matters in dispute set out in the plaint both in fact or law did not fall within the scope of the arbitration provision: that…
Division and case type: CivilCivil Appeal
…THAT the Respondent did not have any objection to the release of the sugar as the same was not under detention or seizure as alleged by the Ex-parte Applicants and I filed a Replying Affidavit to that effect.…
…In response to the matters deponed to above, an affidavit in reply was sworn by a Manager of Aberdare, Mr.…
Division and case type: CivilCivil Appeal
…Kanji filed his affidavit in reply three days later and he repeated and confirmed as facts what was in the statement of defence and set-off of the appellant.…
…In his replying affidavit the defendant confirmed what he had put down in writing in his statement of defence. In paras 2 and 3 of that affidavit the defendant says: ‘2.…
Division and case type: CivilCivil Appeal
…There was no affidavit in reply. The summons came before Mr. Justice Simpson (as he then was) with an advocate for the brothers and stepmothers, one for Miss Njoki and one for the Public Trustee. Mr.…
…Kinuthia, for the relatives, stressed the absence of any replying affidavit. Finally, Mr. Muite explained this was because no directions had been obtained in this matter. Mr.…
Division and case type: CivilCivil Appeal
…On 11th when the case came before Githinji J, for the first time, Mr Ngatia is recorded as having told the judge: “We did not file a replying affidavit to the Chamber Summons but we have filed a defence .....…
Division and case type: CivilCivil Appeal
…However, in the absence of any replying affidavit by the appellant controverting the allegations made by the respondent in his application for an interlocutory injunction, it is too late in the day for the appellant to make…
…No affidavits in reply were filed by either Saul or Nyambu the alleged main actors in the drama.…