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…That the learned magistrate erred and misdirected himself in law and fact by exposing open bias against the Appellant and lack of consistency when he failed to appreciate that even if the replying affidavit had been sworn…

…That the learned magistrate erred and misdirected himself in law and fact in failing to appreciate and consider that the uncontested evidence before him in the form of annexure “GWM-2” to the Appellant’s replying affidavit…

…That no leave to file any supplementary record was sought to include the replying affidavit which embodies the entire basis of the opposition of the Appellant’s appeal.…

…I take it therefore that there is no explanation for the omission of filing the Replying Affidavit.…

…Replying Affidavit 8. The Application is opposed by the 1st Respondent vide the Replying Affidavit sworn by Veronica Chepsat Sum on 9th may 2025, who describes herself as the Guardian Ad Litem to the 1st Respondent. 9.…

…The 2nd Respondent equally opposed the Application vide his Replying Affidavit sworn 9th May 2025.…

…Whether the trial court erred in relying on a replying affidavit irregularly filed by the opposing counsel. 4. What orders should issue.…

…On the Replying Affidavit Filed by Opposing Counsel it was not disputed that a replying affidavit purporting to have been filed on behalf of the 1st Objector (Appellant) was introduced by counsel for the Respondent.…

…He explained that, through an inadvertent error, he uploaded a Replying Affidavit from an unrelated family matter instead of the Memorandum of Appeal dated 26th February 2025.…

…However, through an inadvertent mistake, it uploaded a Replying Affidavit from an unrelated family matter instead of the Memorandum of Appeal dated 26th February 2025.…

…I will begin by considering the challenge to the validity of the 1st Respondent’s replying affidavit.…

…The Applicant argued that the replying affidavit does not amount to an affidavit.…

…It contains a document titled “respondent’s replying affidavit to the notice of motion dated 2nd August 2023”.…

…In this regard, I agree with the Respondent’s claim that the said replying affidavit does not form part of the trial court record. 32.…

…We have no hesitation in finding that the purported Replying Affidavit filed by the 1st Respondent is fatally defective as the same contravenes all the legal requirements for the making of an affidavit.…

…We have checked all the eight copies of the Replying Affidavit as filed in the Court Registry and confirmed that none of the copies was signed, commissioned and dated.…

…In response, the Appellant/Respondent filed a Replying Affidavit sworn on 8th April 2025.…

…He further deposes that as at 1st October 2024, the Replying Affidavit sworn on 26th August 2024 had not been placed on record.…

…The appellants opposed the application vide the replying affidavit of Sylvia Njoroge sworn on 12/4/2025.…

…The material presented in the supporting affidavit and replying affidavit reveal a legal right which has apparently been infringed on account of the amount said to be due and owing by the 1st defendant as against the amount…

…(c) That this Honourable Court be pleased to strike out and/or expunge from the Court record the Replying Affidavit sworn by Robert Ondieki Birundu on the 9th day of March, 2026, together with any other pleadings and/or documents…

…Replying Affidavit 7.…

…The Respondent/Respondent opposed the Chamber Summons and the averments of the Supporting Affidavit in their entirety by way of a Replying Affidavit dated 19th June, 2023 deponed to by Lazarus Mwangi Gichuru.…

…The forty-seven paragraph Replying Affidavit, in addition to countering the averments set forth in the Chamber Summons and the Supporting Affidavit, also addressed wider issues of contention between the two parties that touch…

…The application was opposed by the Replying Affidavit sworn by the Respondent. Directions were taken for hearing of the application by way of written submissions.…

…This court has considered the application, the grounds of the application and the Replying Affidavit as well as the submissions of the parties and hereby makes an order for stay of execution of the decree in Migori CMCCC…

…The Respondent vide Replying affidavit sworn 9th April 2025 opposed the application but at paragraphs 12, 13 and 14 seems to concede to the application.…

…This court has considered the application, the supporting affidavit and the Replying Affidavit as well as submissions filed by the Applicant and find that that the Applicant has satisfied the court for grant of orders of…

…This default is admitted by the appellant in his replying affidavit.…

…This default is also admitted by the appellant in his replying affidavit although he says that he has put the matter right by filing a supplementary record of appeal containing those documents.…

…The applicant contends that the Replying affidavit filed by the appellants in response to this application should be expunged from the record as it was filed out of time without leave of the court to extend time. 3.…

…The appellants on the other hand through their replying affidavit dated 14th March 2025 and written submissions dated 1st October 2025 reiterate that they requested but have not yet received copies of the proceedings, judgment…

…The application is opposed and to that end the Respondent filed a replying affidavit which he swore on 12th September, 2024. 4.…

…I have considered the application, the affidavit in support thereof, the replying affidavit and the submissions filed by the parties.…

…The application is opposed and to that end the Respondent filed a replying affidavit which he swore on 12th September, 2024. 4.…

…I have considered the application, the affidavit in support thereof, the replying affidavit and the submissions filed by the parties.…

…The appellant’s application was opposed vide a replying affidavit sworn on the 16/10/2024 by his former advocate Anthony Achura of Messrs.…

…affidavit sworn by his former advocate was sworn without instructions.’ 10.…