Case law
Search tips: "exact phrase" · -exclude · land | property · negligen* · citations like [2023] KEHC 123
Division and case type: High Court DivCriminal Appeal
…That she filed a replying affidavit before the Meru Court on 8 th March, 2022. 9.…
…The prosecution did not avail the stated commissioner of oaths who commissioned the purported affidavit as a witness. Circumstances under which the affidavit was deposed remained scanty.…
Division and case type: CriminalCriminal Appeal
…The application is supported by an affidavit sworn on 11.7.2001 by Dipak Panachand Shah the 2nd defendant, which sets out the facts on which the applicants rely.…
…In that regard, the matters deponed to in Eunice Kagane’s affidavit such as:- 1. Forwarding 5 draft orders for approval (paragraph 6 of the affidavit). 2.…
Division and case type: CriminalCriminal Appeal
…For the prosecution case to succeed, it was incumbent upon the prosecution to prove that each and every averment of fact contained in the affidavit of the appellant complained of was false and in particular as regards of…
…As I have already stated, the appellant stood by each and every event of fact in his affidavit.…
Division and case type: Milimani Commercial CourtsSuccession Cause
…Hannah’s affidavit in support of the application for Revocation was sworn on 17th September 1997 Hannah swore a further affidavit on 6th February 1997. The same was filed in court on 11th February 1998.…
…Hannah’s counsel submitted in reply that Hannah’s further affidavit already referred to, denied the fact of the deceased’s brother having owned property jointly with the deceased.…
Division and case type: High Court CriminalCriminal Appeal
…I have seen the Affidavit of Joseph Kiprotich Kirui of 14/7/2025. He has annexed a document showing information that this CRA No. E010 of 2024 had been updated to ‘Dismissed’. 2.…
…Accordingly, although the affidavit has been made in good faith, it does not reflect the true position of this matter. 4.…
Division and case type: FamilySuccession Cause
…The application is further supported by the applicant’s affidavit dated 9th August, 2011. The applicant in her affidavit has deponed that the deceased left behind several properties one of them being L. R.…
…The respondent filed a Replying Affidavit on 26th August, 2011 in response to the applicant’s application.…
Division and case type: High Court CriminalCriminal Appeal
…on record the defective Replying Affidavit ostensibly sworn on behalf of the 3rd Respondent by one James Gachoka (an officer from the ODPP). j) The trial magistrate erred in fact and in law in holding that the Replying Affidavit…
…sworn by James Gachoka on behalf of the 3rd Respondent is not defective and that the said deponent was competent to swear the said Affidavit. k) The trial magistrate erred in fact and in law in considering the 1st and 2nd…
Division and case type: FamilySuccession Cause
…The parties were directed to file further affidavits to propose such distribution. After that the cause was heard on submissions based on the affidavits on record.…
…But in view of the production of the aforesaid affidavit, which is not disputed by the Objector, the fate of the Kiambu property was sealed by the last wish of the deceased.…
Division and case type: FamilySuccession Cause
…I have read the supporting affidavit and the grounds of opposition dated and filed on 31st October, 2008.…
…No discovery of such new and important matter or evidence is pleaded in the grounds on the face of the application or in the supporting affidavit.…
Division and case type: FamilySuccession Cause
…Kinyanjui Advocate and have sworn affidavits sworn on 21/10/03, 20/8/99 and 29/12/99.…
…It is not disputed at all in the affidavits that the applicant was a son and survivor of the deceased.…
Division and case type: High Court CriminalCriminal Appeal
…affidavit made and signed by JOHN.…
…The other witness who gave evidence disowning the affidavit was PW2 John Kimathi who testified that his attention was drawn to the verifying affidavit which bore a stamp impression in his name as Commissioner for Oaths with…
Division and case type: High Court CriminalCriminal Appeal
…VERIFYING AFFIDAVIT AND STATEMENT OF FACTS 22. The Applicant filed verifying affidavit in support of the judicial review application. The Applicant further depones that: - 23.…
…The Replying Affidavit was not supplied/served on him. The matter was adjourned for the DPP to avail and serve the affidavit and attachment. He filed Grounds of Opposition. 26.…
Division and case type: High Court CriminalCriminal Appeal
…In his affidavit the deponent states that the appellant was convicted on false testimony and evidence of the complainant.…
…The deponent further states that the complainant swore an affidavit dated 11 August 2025 in which she avers that she was beaten, locked up and forced to incriminate the appellant. 4.…
Division and case type: High Court DivCriminal Appeal
…The grounds in support of the application are as set out below and expounded in the supporting affidavit sworn on 5/12/2024 and supplementary affidavit sworn on 7/1/2025 by Gideon Ragira Angima, advocate for the appellant…
…I have considered the grounds in support of the application, the supporting affidavit and submissions by learned counsels for the parties.…
Division and case type: High Court DivCriminal Appeal
…The application is supported by the appellant’s affidavit in which he avers that he is the registered and beneficial owner of motor vehicle Registration Number KCH 159M Nissan Caravan and that he was not charged or notified…
…The 2nd respondent, through a replying affidavit sworn by Joab Omolo Ogola, opposed the application.…
Division and case type: High Court DivCriminal Appeal
…The application is premised on the grounds on its face and the supporting affidavit of Derrick Odhiambo Counsel who has conduct of this matter on behalf of the applicant.…
…The respondent through Kennedy Mokua Moruri filed a replying affidavit dated 10/2/2023.…
Division and case type: High Court CriminalCriminal Appeal
…It is premised on the grounds therein and the contents of the Supporting Affidavit sworn by the Applicant. 5.…
…Counsel further submitted that in the facts deposed in the Supporting Affidavit of the applicant sworn on 29th April 2025 were not controverted by the respondent and that thereto annexed is an affidavit by Collins Kipkosgei…
Division and case type: High Court DivCriminal Appeal
…The application is supported by the Appellant's affidavit sworn on 4th February, 2026.…
…I have perused the affidavit in support of this application.…
Division and case type: High Court DivCriminal Appeal
…The application is supported by an affidavit sworn by Ms Imali Gwehona on the same date. and the enclosures attached thereto and I do not that the appellant was duly convicted by a court of competent jurisdiction and the…
…I have considered the application herein, the affidavit in support thereof and the enclosures thereto and I do note that the appellant was duly convicted by a court of competent jurisdiction and the exercise if his right…
Division and case type: FamilySuccession Cause
…John Maguru Njoroge, the Respondent herein, filed an affidavit of Protest to oppose the Summons. The dispute was heard by Hon. J. Gathuku, learned Resident Magistrate.…
…By his ruling delivered on 20th April 2009, the learned Resident Magistrate proceeded to confirm the grant on the terms of the affidavit of Protest. In other words the only asset of the Estate i.e. L.R. NO.…