Case law
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Division and case type: CivilCivil Case
…The application is supported by the affidavit of the applicant, Salmon Odhiambo Obilo and there is a replying affidavit.…
…The defendant has for his part filed a replying affidavit in which he denies knowledge of the applicant; however, he admits that he had a transaction for the transfer of the land in dispute to the applicant predecessor in…
Division and case type: CivilCivil Case
…The application is supported by the affidavit of the applicant, Salmon Odhiambo Obilo and there is a replying affidavit.…
…The defendant has for his part filed a replying affidavit in which he denies knowledge of the applicant; however, he admits that he had a transaction for the transfer of the land in dispute to the applicant predecessor in…
Division and case type: CivilCivil Case
…On that day the late Mr Githieya appeared for the plaintiff and Mr Jiwaji for the defendant, when Mr Jiwaji applied for an adjournment on the ground that he had been served with replying affidavit only a day before.…
…Attorney-General’s chambers in Nairobi the matter was being dealt with by a Mr Raballa who resigned from Government service and thereafter the file seems to have remained buried somewhere in the archives since, according to the replying…
Division and case type: CivilCivil Case
…The 1st defendant through its Company Secretary cum legal officer filed a replying affidavit of 22 paragraphs. The 2nd defendant did file a replying affidavit to this application through its legal manager.…
Division and case type: CivilCivil Case
…available material before me that the 2nd Defendant handed over the two cheques to the 1st Defendant did pay over the money to the Commissioner of Lands and obtained two receipts – see Exhibits B.P.R.3, attached to the replying…
…affidavit of the 2nd Defendant.…
Division and case type: CivilCivil Case
…The second Defendant filed a replying affidavit on his behalf and on behalf of the first Defendant.…
…He pointed out that the first Defendant had not filed any replying affidavit and that he could not rely on the affidavit that had been sworn by the second Defendant.…
Division and case type: CivilCivil Case
…Mr Macharia Njore, the advocate for the plaintiff filed a lengthy replying affidavit, explaining the circumstances that led to the vehicle being sold.…
Division and case type: CivilCivil Case
…The application is opposed and grounds of opposition together with a replying affidavit have been filed. I also have submissions made by both learned counsel appearing.…
Division and case type: CivilCivil Case
…But in the replying affidavit sworn in this application by Mr Mwakiwiwi he deponed in paragraph 6 that he and the plaintiff’s counsel: “Had preliminary negotiations for settlement of the suit but such negotiations remained…
…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.…
Division and case type: CivilCivil Case
…The said application is opposed and I have the replying affidavit sworn by one Cyrus Kabiu Njungu the Distribution Manager (Design and Construction) of the plaintiff Company.…
Division and case type: CivilCivil Case
…The defendant failed to file its replying affidavit and grounds of opposition to this motion.…
…February 1993 the plaintiff’s advocate Mr Kenzi, appeared before me and was able to establish that although the notice of motion had been served on Mr Abdullah, the defendants advocate who was then on record, there had been no replying…
Division and case type: CivilCivil Case
…The application is supported by an affidavit sworn by the applicant to which the learned counsel for the plaintiff has sworn and filed a replying affidavit and grounds of opposition.…
Division and case type: CivilCivil Case
…The defendant’s defence and replying affidavit present an aspect which is really hard to fathom.…
Division and case type: CivilCivil Case
…The defendant’s advocate, Mr Wanyonyi Wafula Chebukati, has in turn sworn a replying affidavit on behalf of the defendant and in support of the defendant’s ground of opposition so that neither the plaintiffs nor the defendants…
…In paragraph 3 of the replying affidavit Mr Wanyonyi swears on behalf of the defendant that:- “That, the defendant hereof (sic) has filed an application for reference to be filed out of time and the said application has not…
Division and case type: CivilCivil Case
…The landlord states in his replying affidavit that :- The lease was for one year from 2/6/88 at monthly rent of shs 5,500 payable two months in advance; that the lease agreement was renewed for a further period of one year…
…The applicant filed a replying affidavit on 26/2/91 in which he states that he is in physical possession of the premises and that the new tenant has not taken possession.…
Division and case type: CivilCivil Case
…The law is quite clear on this point, but in the instant case the defendant did not annex to his replying affidavit a single receipt or document showing that the rent per month was ever increased by the last about 10 years…
Division and case type: CivilCivil Case
…receiver or for an account or for an injunction as prayed in the plaint .... “ With regard to the construction the defendant avers that he has obtained all the necessary plans and approvals: but he did not annex them to this replying…
…affidavit.…
Division and case type: CivilCivil Case
…He did not file a replying affidavit, but he did file grounds of opposition pursuant to the provisions of O L rule 16 Civil Procedure Rules. Two grounds were put forward in opposition of the application.…
Division and case type: CivilCivil Case
…Further the respondent/applicants/plaintiff state that they had already been issued with the notification of approval of development permission granted on 26.5.2003.The applicants/respondent/defendant stated in the replying…
…affidavit that regardless the planning authority were entitled to stop the purported development and thus its acts legal.…
Division and case type: CivilCivil Case
…In the Chamber’s replying affidavit it is contended that the Governing Council had the right to terminate the membership of the plaintiffs and did so in pursuance of clause 9 of the Articles of Memorandum of the Chamber and…