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…The appellant opposed the aforementioned application vide a replying affidavit dated 18th July 2022.…

…In that regard, the Appellant having failed to file any affidavit of means had only herself to blame.…

…The application was supported by the supporting affidavit of Fredrick P. Mbogo dated 8 th April 2024. 8.…

…More particularly, I have taken keen interest in the content of the affidavit in support of the application for confirmation of grant dated 13th February 2019.…

…The respondent filed a replying affidavit dated 26th September 2025, in response to the affidavit of Johnstone Wanyonyi Kaita.…

…I have considered the rival affidavits, the law on stay of execution, and the judgment the applicant has appealed from, which was delivered on the 30th of November, 2023.…

…Each of them also signed the affidavit of justification and the 1st appellant also signed the affidavit in support of the petition.…

…At the time the summons for confirmation of grant was heard, there was no such deposition in the supporting affidavit and there was no supplementary affidavit bearing such deposition. 19.…

…With leave of the Court, the Appellants filed the Supplementary Affidavit again sworn by Paul Kipkemboi on 13/10/2025.…

…The Appellant has also not exhibited a copy of the Replying Affidavit that was filed by the 1st Respondent at the trial Court to which, I gather, an Affidavit of Service was exhibited.…

…sworn on the 23/7/2018 and the joint affidavit sworn on 1/7/2016 seeking to have the makers and commissioners of the said affidavit produced in court. 3.…

…partisan by allowing the respondents to produce the said affidavits hence arriving at wrong decisions. e) The trial magistrate erred in law and in fact by blanketly permitting the respondents to produce the two affidavits…

…[e] His presence is necessary to enable the court to effectively and completely to adjudicate upon and settle all questions involved in the suit. [6] The appellant made reference to its Replying Affidavit filed on the 17…

…evidence, the appellant relied on Mutai & others v Attorney General in which the Court of Appeal held: 34" An affidavit is sworn evidence.…

…having the conduct of this matter for and on behalf of the Appellant/applicant hence competent and duly authorized to swear this affidavit.…

…Reuben Cheruiyot Bii the respondent filed a replying affidavit in response to the application.…

…Her first response is that the signature appended to the applicant’s supporting affidavit is different from other signatures appearing in his previous supporting affidavit sworn on 19 th September 2025 in support of the application…

…She has annexed to her affidavit the various documents mentioned. 7.…

…Further affidavit. The appellant filed a further affidavit sworn by Nicholus Ngoli Inyangala on 06/12/2024.…

…Further replying to affidavit. The 1st respondent filed a further replying affidavit sworn on 05/02/2025 by Beatrice Wanjiku Muriithi.…

…The application was filed with a supporting affidavit sworn by the applicant on 20th September 2023 amplifying the grounds of the application. A copy of the Magistrate court judgment is annexed to the affidavit.…

…The respondent Emmanuel Mwanyumba Mwangoo also filed an affidavit sworn by Simon Mwakio Mwangemi on 6th November 2023; and in addition his own affidavit sworn on 6th November 2023.…

…The Supporting Affidavit sworn on 16th February 2026 11) The Supporting Affidavit, sworn on 16th February 2026 by Kennedy Mbithi, the Senior Finance Manager of the Applicant, Endeavour Credit Limited, was filed in support…

…Temporary stay orders were subsequently issued on 25th March 2025 pending the determination of the application. 15) According to the affidavit, the Respondent opposed the application through a replying affidavit sworn on…

…The Application is premised on the grounds on the face of it and the averments of the Applicant in the Affidavit in support of the Application. 3.…

…In response to the application, Counsel on record for the respondent, Morris Indakwa Buluma, swore an affidavit dated 16 th May 2025.…

…I note that on 18th July 2022 the trial Magistrate adjourned the matter to 29th August 2022 to enable the respondent file an affidavit of service.…

…I also note that on 25th July 2022 an affidavit of service was filed, and on 29th August 2022 the Magistrate acknowledged that the said affidavit was filed, before allowing the respondent to proceed to tender evidence in…

…They were only served with a mention notice for 19 th April 2023 vide the Affidavit of service dated 18 th April 2023 .…

…I have perused the Affidavits of Service in respect of the ‘Hearing Notices’ allegedly served on the Respondents being the Affidavit of service dated 24 th February 2023 and 17 th July 2023 , both sworn by one Daniel Nganga…

…In response to the summons, the Respondent herein filed a Replying affidavit sworn by Susan Adhiambo Umara dated 15th February, 2023.…

…The Applicant filed a supplementary affidavit dated 6th March 2023 and a Further affidavit by Hillary Otieno Onyango dated 27th February 2023. The application was canvassed by way of written submissions.…

…The court was satisfied that the appellant had been duly served with the Plaint, Verifying Affidavit, Witness Statement, List of Documents, and List of Witnesses, as evidenced by the Affidavit of Service sworn on 14th January…

…The affidavit was sworn on 14th January 2020 by Ms. Hellen Adoyo Kuke, Advocate.…

…He had not been named in the affidavit in support of the petition for letters of administration intestate. 8. Only one parcel of land No.…

…Esther Kanini Matu, with the authority of the other applicants swore the supporting affidavit, on 20th September 2021 and further affidavit on 29th October 2021.…

…time of signing the Affidavit.…

…I have perused the Affidavit and note that the same are perfectly in order. The lack of evidence was caused by the court striking out the affidavit.…