Case law
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Division and case type: CivilCivil Case
…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.…
Division and case type: CivilCivil Case
…It is supported by an affidavit sworn on 1.9.93 by learned counsel for the applicant Mr Gikandi Ngibuini in which he deposes that he had studied the proceedings and judgment and was of the view that the appeal has overwhelming…
Division and case type: CivilCivil Case
…The applicant states in his affidavit why he has found himself in this situation. It would appear that if his financial position improves he would be in a position to liquidate the decretal amount.…
Division and case type: CivilCivil Case
…In paragraphs 5 and 6 of his supporting affidavit, the 2nd defendant swears that he was not aware that the plaintiff was proceeding with this matter and that he was also not served with the hearing notice though he had entered…
…In his supporting affidavit the 1st defendant does not anywhere deny that he lives in Postal Quarters house No 7 at Westlands, Muturolu lane.…
Division and case type: CivilCivil Case
………DEFENDANT JUDGMENT This suit was filed by way of any originating summons supported an affidavit sworn by the plaintiff Sarah Nyambura Kungu against the defendant David John Njoroge Thige on the 2nd day of June 1982.…
…The contents of the supporting affidavit in brief terms are to the effect that the plaintiff is the wife of the previous registered owner of the suit premises Zacharia Kungu Gitenguri.…
Division and case type: CivilCivil Case
…In paragraph 16 of the plaint dated 7th July, 2010 the plaintiff states on oath (through Verifying Affidavit) H.C.C.C No. 35 of 1997 has been withdrawn by the plaintiff and therefore the plaintiff states there are no pending…
Division and case type: CivilCivil Case
…The respondent did not file an affidavit contraverting the applicants allegations. He however filed ground of opposition contending that the defence is reasonable and that there are triable issues.…
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
…The application is supported by an affidavit sworn by Mr. Gitobu Imanyara, Advocate who appeared for the Applicant. There are several annexures to the affidavit. I have perused them all.…
…The respondents are relying on two replying affidavits, one sworn by the Chairman of the First Respondent and the other by the returning officer, the Second Respondent.…
Division and case type: CivilCivil Case
…The Applicant did not in his affidavit in support of his said application explain the cause or reason for the delay of three years before applying for the Grant of Letters of administration. Mr.…
Division and case type: Milimani Commercial CourtsCivil Case
…The 1st defendant in their supporting affidavit depone that, “….the plaintiff’s conduct amounts to an abuse of the court’s process; that the plaintiff’s conduct greatly prejudices the 1st defendant who is unable to exercise…
Division and case type: CivilCivil Case
…He also relied on the affidavit of Joseph Muthusi and the documents annexed thereto.…
…The only disadvantage I can see on the part of the plaintiffs is that “Any action taken by Mr Mulei is always intended for his own benefit or of his henchmen” as deponed to by the first named plaintiff in the responding affidavit…
Division and case type: CivilCivil Case
…A long affidavit in support by one Juma, the Chairman (the 1st Appellant) and Chairman of the 2nd Appellant was filed.…
…Nzei deponed to in her supporting affidavit. There was a prayer similar to the first application that all the Appellant's properties attached in suit No. 303/95 be released but that the Respondent or his counsel Mr. P.…
Division and case type: CivilCivil Case
…In paragraph 3 of his supporting affidavit Mr Shah for the applicant has cited 2 instances which undoubtedly show that the plaintiff has already been unable to satisfy 2 court decrees passed against him and it is clear that…
Division and case type: CivilCivil Case
…These grounds are set out in an affidavit which was sworn by themselves.…
…The respondent having filed an affidavit to the effect that in the case of each detainee notification of his detention had been duly published in the Gazette within 14 days as required by section 83(2)(b) of the Constitution…
Division and case type: CivilCivil Case
…The applicant has further deponed by his affidavit in support of the motion that he stands to suffer greatly because of the mistake of his advocate and so in the interest of justice the application ought to be allowed.…
Division and case type: CivilCivil Case
…suit and the position that at this stage, the only evidence to suggest that the fifth to the eighth plaintiffs are the ones described in the libel is the following rather weak and inconsequential assertion contained in the affidavit…
Division and case type: CivilCivil Case
…She claims in her affidavit that the portion of land she wants registered in her name is demarcated on the ground with a fence and that she had planted trees, fruit trees and other permanent improvements and planted various…
…The first Defendant filed a replying affidavit in which he denied all that the Plaintiff had alleged rearding title to the land. Although learned counsels handling this suit for the parties, Dr.…
Division and case type: Milimani Commercial CourtsCivil Case
…The application is supported by affidavits sworn by ATUL SHAH dated 8th May, 2007 and ROBERT FOULSER dated 24th January, 2007. The application was strongly contested.…
…At page 11 of the same I find an observation by the learned Judge as follows: “That to my view means that either by affidavit or the pleadings the Plaintiff ought to firstly show that the Defendant is likely to leave the…
Division and case type: Milimani Commercial CourtsCivil Case
…The application is supported by affidavits sworn by ATUL SHAH dated 8th May, 2007 and ROBERT FOULSER dated 24th January, 2007. The application was strongly contested.…
…At page 11 of the same I find an observation by the learned Judge as follows: “That to my view means that either by affidavit or the pleadings the Plaintiff ought to firstly show that the Defendant is likely to leave the…