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…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.…

…The present plaintiff/applicant’s application is supported by the affidavit of its counsel annexed thereto.…

…According to paragraph 7 of the said affidavit, at about 8.45 a.m. on 8.1.95 the counsel for the plaintiff/applicant appeared before the Deputy Registrar of this court and was informed that there was no Judge available and…

…In the affidavit in support of the application in case NAI 33 of 1983 (relating to the other applicant) Mr Wamae stated that it was this applicant’s failure to pass on the result of the case (of which Mr Wamae had informed…

…As Mr Gathuru says, the nature of the confusion which existed in the mind of the clerk was not specified in the affidavit of Mr Wamae, neither did the clerk himself swear an affidavit.…

…In paragraph 5 of the plaintiff’s supporting affidavit it is averred that the defendant “had not obtained approved plans to construct the disputed house at the particular site where it is being constructed illegally.”…

…In paragraph 6 of the same affidavit the plaintiff also avers that the said house is being constructed in “at a place or area which is a prime site specially reserved for further development and extension of the restaurant…

…The affidavit of T G Kassam in support of the application and the annexture of correspondence since October 1977 to December 1977 make it abundantly clear that the allegation of sub-tenancy is a sham.…

…I do not wish to elaborate on other letters annexed to the aforesaid affidavit. Suffice it to affirm that there was no sub-tenancy as alleged or at all.…

…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.…

…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.…

…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.…

…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 affidavit…

…These goods were said to be tools of trade of the second defendant, even though there was no statement in the affidavit of the defendant’s director as to what the second defendant is engaged in.…

…Learned counsel for the plaintiff pointed out, and the affidavit in reply is also clear on it, that the second defendant is also indebted to other people. This was not denied by the applicant.…

…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.…

…In support of this application is the affidavit of the first plaintiff, David M Gitao. The facts deponed therein are essentially as averred in the plaint.…

…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…

…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.…

…In that regard, the 2nd plaintiff, who has sworn the affidavit in support of the application, depones that she and her husband were out of the country on the date the purported proclamation was made and there was therefore…

…In his affidavit, he acknowledges that he had to peep through the window in order to have a glimpse of the inside of the house.…

…Consequently prior to the hearing hereof, the parties by consent agreed to have the affidavits by the drivers of the vehicles to be treated as evidence in this case.…

…The plaintiff in addition to the affidavit evidence and evidence in the lower court called three witnesses while the defendant called 1 witness.…

…Consequently prior to the hearing hereof, the parties by consent agreed to have the affidavits by the drivers of the vehicles to be treated as evidence in this case.…

…The plaintiff in addition to the affidavit evidence and evidence in the lower court called three witnesses while the defendant called 1 witness.…

…This application is supported by the grounds stated on the body thereto and the matters disposed to in the Supporting Affidavit sworn by the applicant. 2.…

…This application was opposed by the Respondent, Counsel for the 1st defendant relied his client’s replying affidavit sworn on 1/9/2009.…

…Mr A L R Shah, deponed in the affidavit in support of this application that he did not receive the hearing notice.…

…It is quite clear from the affidavit evidence before me and the record that the applicants were not personally to blame for their non-appearance and non-representation at the trial of this case.…

…In the instant case Mrs Chris Crounchey swore the applicants’ supporting affidavit in which she blames the defendant’s company secretary one Mr Ali Timmany or else the defendant’s first counsel Mr Taib for the situation in…

…Mr Taib in his affidavit deponed that he could not have filed a defence without the relevant instructions which were not forthcoming from Mr Issa Timmany who is said to be an advocate.…

…The plaintiff in its supplementary affidavit sworn by Azim Jiwa Rajwani on 4/10/06 depones inter alia that the defendant had agreed with the plaintiff that the defendant would reconcile Account Number 2022384 which had been…

…The plaintiff has deponed in its supplementary affidavit sworn by the same AZIM JIWA RAJWANI on 4.8.2006 that it is an internationally known tourist resort of high repute and stands to have its reputation irredeemably damaged…