Case law
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Division and case type: CivilMiscellaneous Application
…It is unfortunate that even the replying affidavit filed by Mr Patel on September 18, 1986 and served on the same day no further affidavit by the applicant has been filed in answer to that replying affidavit.…
Division and case type: Constitutional and Human RightsConstitutional Petition
…Paragraphs 4-6 of the Petitioner's affidavit of 15th September 2011 in support of the Petition sets out the factual background from the petitioner's perspective as follows: “4.…
…My grandmother died on 26/5/2005 after she had already executed the transfer marked as “AMM3” in the affidavit in the support of the Petition. ii.…
Division and case type: CivilMiscellaneous Application
…Mr Mutai did not also annexe a copy of such a letter to his replying affidavit.…
…He neither annexed to his affidavit any letter of authority from the District Commissioner nor depone in the replying affidavit that he was the Chairman of the Manyatta Divisional Land Control Board through appointment by…
Division and case type: CivilMiscellaneous Application
…This much is clear from the affidavit in support of the application to strike out the notice of appeal which was filed by the defendant (the present respondent) against Nyarangi, J’s judgment on July 22, 1980.…
…submissions that the High Court file has been lost, and we are also informed that the decree, a vital document for the purpose of our jurisdiction, has not been drawn despite the contents of paragraph 10 of the supporting affidavit…
Division and case type: Constitutional and Human RightsConstitutional Petition
…In support of the motion is an affidavit sworn by Simeone Saromae on 28.10.2020 filed in Court on 30.10.2020 in which he states interalia that: (1). That on 29.3.2020 the Learned trial Magistrate Hon. W. K.…
…It follows from the affidavit evidence that the applicant could not proceed to file an appeal from a Judgment he was not made aware of its existence.…
Division and case type: CivilMiscellaneous Application
…In his affidavit in support of the application, the applicant has deponed that both the respondents are his estranged wives. That the ten (10) children are not his.…
…Momanyi for the respondents relied on the replying affidavit and added that the application is fatally defective for having been brought under the wrong section of the law.…
Division and case type: Constitutional and Human RightsConstitutional Petition
…The motion was supported by the Affidavit of the Applicant/plaintiff which essentially reiterated the grounds of the application by exhibiting the ruling Njoki J.…
…Even though the defendants were served and an Affidavit of service duly filed, they neither filed any responses nor attended court to oppose the application.…
Division and case type: CivilMiscellaneous Application
…The 1st Respondent in her replying affidavit sworn on behalf of the 2nd to 6th respondent state that she was the wife of the deceased’s late son and that the property mentioned by the applicant was distributed to the respondent…
…The administrator of the estate also swore a replying affidavit stating that the grant of letter of administration was confirmed on 19/5/1993 and that about 21 years have lapsed since the issuance of the confirmed grant and…
Division and case type: CivilMiscellaneous Application
…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.…
Division and case type: CivilMiscellaneous Application
…There was no formal application supported by an affidavit as is required but at his request I agreed to hear the application for my disqualification.…
…For this purpose a copy of the Notice of Motion made in Civil Application No NAI 282 of 1998 filed on 31st January 2000 and a copy of Mr Deverell’s affidavit therein made were produced by consent.…
Division and case type: CivilMiscellaneous Application
…We allowed this application and on 26th November, 1986 the applicant lodged a copy of the proceedings before the Registrar of Trade Unions, Nairobi duly verified by the affidavit of Geoffrey Sammy Muhanji, the National General…
…Rule 7 (1) of Order LIII of the Civil Procedure Rules, where relevant in regard to proceedings, requires a copy of the said proceedings verified by affidavit to be lodged with the Registrar of this court before the hearing…
Division and case type: CivilMiscellaneous Application
…Gaturu, counsel for the respondent, has by a comprehensive replying affidavit, shown detailed steps he has undertaken so far which have culminated in his lodging the appeal which has been registered as C.A.…
Division and case type: CivilMiscellaneous Application
…According to the applicant's supporting affidavit to the present application, he was financially incapacitated and was therefore unable to lodge the record of his intended appeal within the extended time.…
Division and case type: CivilMiscellaneous Application
…It was supported by his affidavit of the same date. The Law Society entered appearance under protest.…
…So, in England, Sir Richard Malins, Vice Chancellor, granted an interimorder at his house on Saturday May 24, 1873, to restrain a transaction before the bill and the affidavit in support had been filed, because the court…
Division and case type: CivilMiscellaneous Application
…In his affidavit in support of the application he deponed, inter alia, that he was neither served with summons to enter appearance and the plaint nor did he have any notice whatsoever of the proceedings in the suit.…
Division and case type: CivilMiscellaneous Application
…In his affidavit in support of the application, he refers to the fact that he has filed a High Court civil suit against Kenya Commercial Bank Ltd; in a bid to recover his land, which was sold by the Bank by way of public…
Division and case type: Constitutional and Human RightsConstitutional Petition
…But quite apart from the above brief history and the affidavit in support of the petition, it is clear that the petitioners verdict of death had been commuted to life imprisonment, while on death row awaiting execution for…
…however, is important to note in this connection, the main provisions of Article 50 (1) of the Constitution to have his case heard by an independent and impartial tribunal or body has not been impeached in anyway from the affidavit…
Division and case type: Milimani Commercial CourtsMiscellaneous Application
…However, as the respondent never raised such concerns either during the original taxation, or even by an affidavit during this reference, I direct the Taxing Officer to disregard such insinuations, as no steps have been put…