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…affidavit.…

…Reference was made to the application, the replying affidavit, Order 1 Rule 10 (2) of the Civil Procedure Rules 2010, Werrot and Company Ltd & others-vs-Andrew Douglas & others (1998) eKLR and Kizito M.…

…The 2nd Defendant swore a replying affidavit on 25/1/2022 wherein he deposed that the suit is sub judice Malindi ELC 59 of 2017 Khalid Badi Swedi & 2 others v Arbi Ali Mohamed Mussani & 3 others; that the Plaintiffs have…

…The 3rd Defendant filed a replying affidavit which he personally swore on 10/2/2022 adopting the contents of the 2nd Defendant’s replying affidavit.…

…The applicant averred that the replying affidavit filed was evasive, and had not responded to issues raised.…

…I have carefully considered the Application, its Supporting Affidavit, the Respondent’s Replying Affidavit, and the supplementary affidavit filed in response.…

…The application also sought for an order that the court be pleased to deem the plaintiff ‘s Replying Affidavit dated 17th October 2023 and grounds of opposition of the same date and submissions in response to the 1st and…

…The application was opposed by the 1st and 2nd Defendants vide the Replying Affidavit sworn on 12th January, 2024.…

…This being an originating summons, the applicant believes that it is for the Plaintiff/Applicant to amend his pleadings so that the other parties can file a Replying Affidavit.…

…The Applicant is willing and ready to join the proceedings and file the replying affidavit, list of documents and witness statements within the timelines provided by the honorable court.…

…The application also sought for an order that the court be pleased to deem the plaintiff ‘s Replying Affidavit dated 17th October 2023 and grounds of opposition of the same date and submissions in response to the 1st and…

…The application was opposed by the 1st and 2nd Defendants vide the Replying Affidavit sworn on 12th January, 2024.…

…In response to the petition, the 1st respondent filed a replying affidavit and a supplementary replying affidavit.…

…The 2nd respondent filed a replying affidavit sworn by Franklin Kiche and a further replying affidavit sworn by Hellen Juma.…

…The application is opposed vide the replying affidavit of Charles Kibet Yabei sworn on 5th December, 2023.…

…not annexed to the replying affidavit and that as a non-party to the suit, he does not have locus standi in the proceedings.…

…Vide an oral application made today, the 1st Defendant/Applicant sought leave of the Court to file his witness statement on the grounds that the suit was commenced by an originating summons and he had filed a Replying Affidavit…

…thereto which affidavit was converted to a defence, and whereas he had filed his documents which he confirmed during pretrial, he had not filed his witness statement, which essentially is a replica of the Replying Affidavit…

…The application was opposed vide the contents of the Replying Affidavit sworn by GEORGE OPONDO OUKO on 3rd August, 2023 and the annextures thereto.…

…The law firm also filed Defendants’ witness statements dated 3rd March, 2012 and Replying Affidavit sworn by the 2nd Defendant on 17th September 2010 in reply to an application by the Plaintiff.…

…I have considered the Notice of Motion application dated 16th August 2024, the 1st Defendant’s Replying Affidavit and submissions by the parties.…

…On the first issues, the Plaintiff submitted that failure to date the Replying Affidavit is fatal, that the Replying Affidavit cannot be relied upon, it must be struck out. 19.…

…The Replying Affidavit 4. The Respondent has opposed the Motion through Replying Affidavit sworn by his advocate, Conrad Maloba , on 23.10.2025.…

…I have considered the Application, the Replying Affidavit and the oral submissions.…

…Whether the respondent’s replying affidavit filed on 25th May 2026 is a nullity, illegal and an abuse of the court process. ii.   …

…May 2026), and no Replying Affidavit existed on record. 17.   …

…The Replying Affidavit and the documents annexed thereto filed by the 2nd Respondent dated 5th April, 2021 be struck out for being filed out of time without the leave of the court. 2.…

…That no explanation has been given by the 2nd Respondent for the inordinate delay in filing the Replying Affidavit and accompanying documents.…

…The application is opposed by the replying affidavit of Joseph Onyango Yuaya the Defendant/Respondent sworn on 24/10/2024.…

…A further affidavit is sworn by the applicant on 18/02/2025 which seems to be in response to the replying affidavit above. I will also disregard the same. SUBMISSIONS 10.…

…The Replying Affidavit and the documents annexed thereto filed by the 2nd Respondent dated 5th April, 2021 be struck out for being filed out of time without the leave of the court. 2.…

…That no explanation has been given by the 2nd Respondent for the inordinate delay in filing the Replying Affidavit and accompanying documents.…

…I have considered the Notice of Motion application dated 16th August 2024, the 1st Defendant’s Replying Affidavit and submissions by the parties.…

…On the first issues, the Plaintiff submitted that failure to date the Replying Affidavit is fatal, that the Replying Affidavit cannot be relied upon, it must be struck out. 20.…

…The Plaintif/Respondent filed a Response by way of a Replying Affidavit dated 18th October 2024, while the 1st and 2nd interested parties filed a Replying affidavit deponed by Detective Inspector Kennedy Mulei Ndeto on 17th…

…In the Replying affidavit by the Plaintiff/Respondent he deposes that; - (i) He is the beneficial and registered owner of Transmara/Ololchani/124, while the 1st to 3rd Defendants are the beneficial and registered owner of…

…In opposing the application, the 1st and 4th Respondents filed a Replying Affidavit sworn on 14.10.2024 and a further Replying Affidavit sworn on 01.07.2025 by FLORENCE W. NJUGUNA. 5.…

…The Replying affidavit is incompetent, bad in law and fatally defective in the following respects. b.…