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: Constitutional and Human RightsPetition
…The application is opposed through the replying affidavit made and sworn by H I, the 2nd respondent on the ground that during the hearing of the application before the lower court the applicant did not deny that the children…
…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.…
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: Constitutional and Human RightsPetition
…The company filed a replying affidavit on 12th June 1996. That affidavit was worn by A.N. Kilonzo, the Company’s General Manager.…
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: CONSTITUTIONAL AND HUMAN RIGHTS DIVISIONPetition
…Nonetheless, I would in the interests of substantive justice principle of Article 159 of the Constitution allow the proposed Interested Party to sue through the names of the alleged officials subject to the filing along with its replying…
…affidavit to the Petition a certified copy of registration of the persons as the officials of the Association and authority of the members to sue on their behalf, with liberty to apply to the Petitioner in default. 14.…
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: Anti-CorruptionPetition
…Petitioner would not suffer any prejudice if the orders are not granted and therefore urged the Court not to grant the orders sought. 13.The 2nd Respondent, The Director of Public Prosecution in reply to the Application filed a Replying…
…Affidavit sworn on 7th July, 2015 by Laura Spira, Prosecution Counsel in the Directorate of Public Prosecutions. 14.She deponed that it was in the public interest that cases filed in Court be dispensed with expeditiously…
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: Constitutional and Human RightsPetition
…The respondents oppose the petition through the replying affidavit sworn on 16th May 2012 by Mr David N.…
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.…