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….…… DEFENDANT RULING The motion before the court is based upon the Affidavit of JAO Adera Chief Legal/corporation Secretary of the plaintiff Bank. The plaintiff prays for orders:- 1.…

…………………………….DEFENDANT RULING There being no denial by the Defendant/Respondent that the cheques on which the applicant’s account was debited did not belong to the plaintiff/applicant as deposed in paragraphs 5 – 9 of the affidavit…

…The new discovery made according to the affidavit in support of the application, is that it had come to the attention of counsel for the applicant after the order of this court was made on 1.12.89, that the decision of the…

…For this argument he relies on the affidavit of Mr Mwai Solomon Githegi, the Town Clerk of the Council wherein he deponed, inter alia, as follows:- 7.…

…Mr Mwakiwiwi who instructed Messrs Arum and Company Advocates to handle this particular file on the Council’s behalf has sworn his own (replying) affidavit.…

…All this in what he called a further supporting affidavit.…

…Then there is this affidavit of the advocate Mr Taib Ali Taib. One does not deny the right of an advocate to swear an affidavit.…

…authorised representatives such as their secretaries, managing directors etc, have sworn any affidavit in support of their respective claims.…

…Instead, their advocates took it upon themselves to swear affidavits on their behalf.…

…There was an affidavit in reply or answer, sworn by the defendant on 17th September, 1987, and there were affidavits sworn by Helida Abuonj w/o Nungo Oluoch and by Benedict Oluoch which were also dated 17th September, 1987…

…All three affidavits had been sworn about a year before this dispute arose and were unconnected with it.…

…The said application is supported by affidavits sworn by Mr Charles Mungui Maranga. The application is opposed and there are affidavits to that effect, sworn by Mr Akelola.…

…I bear in mind that as at this stage the only evidence I have is by way of affidavits and annextures. This evidence has not been subjected to crossexamination.…

…In support of this ground the Managing Director of the plaintiff one Horatius Da Gama Rose has sworn a supplementary affidavit on 6th November 1986.…

…In the affidavit of Robert William Fisher Armstrong sworn in opposition to the application and filed herein on the 7th November, 1986, it is deponed in paragraph 8 as follows- “8.…

…In paragraph 5 of the plaint and in two affidavits of Peter Ndungu Kimani the plaintiffs claim that they are all members of the 1st defendant society and have attached to those documents photostat copies of share certificates…

…The first defendant however denies this and in his affidavits of 9th February and 29th March 1989 the Chairman of the 1st defendant it is claimed that the share certificates and the numbers the plaintiffs claimed to have…

…This application is based on the affidavit sworn by the first plaintiff on the same day and annexed to the said application.…

…I bear in mind the affidavits of the parties on record and the submissions by both counsel.…

…I bear in mind that as at this stage I only have affidavit evidence that has not been tested under cross-examination.…

…This is the position taken by the Bank through its Chairman Mr Sio who has sworn an affidavit in these proceedings and the plaintiff.…

…The application is supported by an affidavit sworn by the plaintiff. That affidavit elaborates the above grounds. The application is opposed and there is a replying affidavit sworn by Mohamud Ahmed Mohamud.…

…The affidavit has numerous annextures including copies of a certificate of Title of the suit property, pleadings in HCCC No.82 of 2006 between Matex Commercial Supplies Ltd and the defendant, a Ruling of Warsame J in the…

…The bitterness that has developed shows in her pleadings, affidavits and manner of speech.…

…Gautama in her affidavit and submissions. She calls him crude and savage – a felonious man worse than her husband. And she adds for good measure that she has been a victim of injustice in this country.…

…The company, according to its plaint and affidavits, imports a large amount of the raw materials for its business and to do this it has to use large amounts of foreign exchange.…

…It was supported by an affidavit of Mr Macharia. The material before the judge and his ruling were added.…

…DEFENDANT R U L I N G Under O.38 r 5 of the Civil Procedure Rules this court may at any stage of proceedings upon being satisfied either by Affidavit or otherwise that the defendant with intent to obstruct or delay the execution…

…The plaintiff swore an Affidavit to that effect and also called the witness who not only swore an Affidavit in further support but also gave Viva Voce evidence.…

…The application was supported by an affidavit of Fredrick N.…

…There was a replying affidavit and grounds of opposition filed by the firm of messrs Nyachae and the contents of the supporting affidavit.…

…The application was supported by an affidavit of Fredrick N.…

…There was a replying affidavit and grounds of opposition filed by the firm of messrs Nyachae and the contents of the supporting affidavit.…

…The application is supported by affidavit of the applicant sworn on 19/9/88 in which he depones inter alia that he has never been served with summons to enter appearance; that it is on 30/8/ 87 when court broker came to his…

…Mr Kassamali Mohamed Noorani does not in his affidavit mention the issue of service. Mr Kasmani for respondent however referred to return of service and said that service was proper.…