Case law
Search tips: "exact phrase" · -exclude · land | property · negligen* · citations like [2023] KEHC 123
Division and case type: CivilCivil Appeal
…Evidence by way of affidavits in an application for injunction is not complete.…
…Moreover, the second aspect is that the bank has not stated in any affidavit that it would be prepared to pay damages of the order of Kshs 20,000,000.…
Division and case type: CivilCivil Appeal
…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…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil 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…
Division and case type: CivilCivil Appeal
…In his affidavit in support of the summons, he stated in the following paragraphs as: 4.…
…Those affidavits constituted the pleadings in this matter.…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Appeal
…It was supported by the groundS stated on the body of the application and also the affidavit deponed to by the applicant’s counsel.…
…The ground on the body of the application and the supporting affidavit were simply that pursuant to the court order dated 17th May 1993 counsel for the appellant deposited into court Kshs.10,000/= each in respect to HCCA…
Division and case type: CivilCivil Appeal
…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…
Division and case type: CivilCivil Appeal
…He was taken through the pleadings and the affidavits with their annexures.…
…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
…The originating summons was supported by an affidavit which set out in detail the grounds for the application.…
…. (3) Any such application made after the filing of a suit shall be made ex-parte by summons in that suit supported by affidavit.…
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
…The supporting affidavit of this application does not support way of the orders sought.…
…For instance, no affidavit evidence has been adduced to show that the respondent has failed to take an essential step in resect of its appeal.…
Division and case type: CivilCivil Appeal
…in the affidavits.…
…One Arthur Ndegwa, a surrogate of the Commissioner swore an affidavit which cannot be described as a simple affidavit.…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Appeal
…On May 10, 1979 the defendant’s advocate filed a summons for the setting aside of the ex parte judgment and filed an affidavit in support.…
…There is also an affidavit of the advocate briefed on behalf of the appellant dated July 25, 1979 for consideration.…
Division and case type: CivilCivil Appeal
…counsel to specify the particular ground he relies on so as not to take the opponent by surprise we see no prejudice to the appellant in the superior court as the application was stated to be based on the grounds in the affidavit…
…of the applicant (respondent to this appeal) which affidavit (paragraph 3 thereof) referred to delay of fair trial of the action which ground falls under order V1 rule 13 (1) (c).…
Division and case type: CivilCivil Appeal
…Among the objections taken before the judge was one to the effect that as the application by way of chamber summons was not supported by any affidavit, it would seem it was being contended by counsel for the respondent that…
…Mr Wasuna who also argued the application before the judge pointed out that they could not have filed a supporting affidavit because that was not allowed by order VI rule 13(2) of the Civil Procedure Rules.…
Division and case type: CivilCivil Appeal
…A Photostat copy of that delivery note was annexed to the respondent’s affidavit in support of his application for summary judgment dated 10th March, 1992.…
…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…
Division and case type: CivilCivil Appeal
…The respondent had sworn an affidavit in the superior court, the first four paragraphs whereof, were admitted by the appellant.…
…In paragraphs 3 and 4 of her said affidavit the respondent states that the appellant agreed to sell to her the suit property at a price of K.Shs.3,500,000/= 10% of which sum was to be paid as deposit in two stages; Shs.100,000…
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.…