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…Mr Satchu, on behalf of the respondents, said that this affidavit was filed during the adjournment on February 14.…

…It is clear that directions should have been given on the trial of issues arising from the affidavits, and Mr Kiamba would not have been rushed into this foolhardy statements, which did not tally with this client’s affidavit…

…in the affidavits.…

…One Arthur Ndegwa, a surrogate of the Commissioner swore an affidavit which cannot be described as a simple affidavit.…

…On this last issue, it is not clear what matters were ignored, but in general the judge should rely principally upon the affidavits; and if there is important information for consideration it ought to be put on affidavit,…

…The process server enlarged the details of service in his affidavit dated May 16, 1986 in reply to that of Mr Baiywo. The latter affidavit dated May 12, 1986 is comprised of three important statements.…

…In a supporting affidavit, it was deponed on behalf of the applicants that in the year 1986, each applicant was a final year student at the respondent college.…

…Now I need to refer to the affidavits which were sworn on behalf of the college. On January 11, 1989, the College Registrar swore an affidavit in answer to the notice of motion.…

…On14th March, 1989, Mr A.A.K.Esmail for the Creditor filed his affidavit stating that on 25th February, 1988, the creditor, sued the debtor in High Court Case No 696 of 1988 for possession of premises known as L.R. 37/142…

…The other point raised by Justus Kalinga in his further affidavits that this petition cannot be determined until the final determination of the said appeal.…

…There was only one accompanying affidavit in support and that was by Nyamogo, the 1st applicant. The detailed acts of refusal are deponed to therein.…

…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…

…It is not in dispute that the first respondent has not in all the pleadings, correspondents, affidavits and documents disclosed its physical address. Its only address is given as P. O. Box 88892, Mombasa.…

…XXXVI rule 3D of the Civil Procedure Rules – the Rules provides that: “3D (1) An application under section 38 of the Limitation of Actions Act shall be made by Originating Summons. (2) The summons shall be supported by an affidavit…

…Summons dated 28th October, 1991 which was subsequently amended on 13th February, 1992 and filed in the superior court on the following day and re-amended on 24th March, 1993 annexed to which was the requisite supporting affidavit…

…In his ruling the learned judge was clearly conscious of the fact that the application then before him could not be decided on a consideration of the opposing affidavits, but that, having regard to those affidavits, it was…

…Mr Lakha began by referring to Mr Panesar’s affidavit of September 23 in which he specifically refuted the suggestion that Dynamics Engineering Ltd was ever intended to be run as a partnership.…

…In his affidavit in support of the summons, he stated in the following paragraphs as: 4.…

…Those affidavits constituted the pleadings in this matter.…

…It is true that in the plaint and the affidavits in support of the injunction application, it is averred that the 2nd respondents’ use of the facilities and perquisites of the 1st respondent would give him an unfair advantage…

…The issue of locus standi is not a matter to be considered in the abstract and apart from the surrounding circumstances which I have already alluded to, there are other relevant matters revealed in the affidavits filed in…

…In his supporting affidavit to the originating summons, the appellant deponed as follows:- 1. . THAT I am the plaintiff/applicant in this case and therefore entitled to make this affidavit. 2.…

…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…

…I have found that I cannot decide on such issues on affidavit evidence alone, I have to hear the oral evidence. ... I will now go ahead and hear oral evidence in this case.".…

…that the proceedings should for any reason be continued as if the cause had been begun by filing a plaint, it may order the proceedings to continue as if the cause had been so begun and may, in particular, order that any affidavits…

…The appellant explained the grounds of his absence in support of his application in the affidavits he swore on November 30, 1981, and April 13, 1983.…

…The first affidavit was in support of the application filed by DM Mareka, advocate, but withdrawn on March 3, 1983, and the second affidavit was in support of the renewed application which the appellant himself filed in April…

…In a subsequent affidavit sworn by Mr. Mohamed on 7th October, 2004, he admitted, as contended by Mr.…

…In response to the matters deponed to above, an affidavit in reply was sworn by a Manager of Aberdare, Mr.…

…In his affidavit in support of the application, the applicant has deponed that both the respondents are his estranged wives. That the ten (10) children are not his.…

…Momanyi for the respondents relied on the replying affidavit and added that the application is fatally defective for having been brought under the wrong section of the law.…

…Clearly there existed triable issues in this case not the least of which was as to the acreage of the land offered for settlement as the Affidavits and exhibited correspondence filed in the High Court in support of and against…

…However, the Affidavits and the letters exchanged between the representatives of the parties produced before the High Court during the hearing of the Notice of Motion disclosed a divergence of views about the acreage.…

…This is well supported by documentary evidence which were annexed to his supporting affidavit dated 13th of June, 1991.…

…dated 17th of June, 1991: 11) THAT paragraph 8 of the applicant’s affidavit is denied except to add that the applicant who was my friend then agreed on a grace period ending November, 1990 and payment to begin on instalments…

…My hunch is that counsel for the Appellant who had not filed replying affidavits or grounds of opposition to those applications was not ready to argue them and instead of saying so he asserted that the matter had been stayed…