Case law
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Division and case type: Constitutional and Human RightsElection Petition
…And in a replying affidavit sworn on 20.6.1998, Mr.…
…In the replying affidavit sworn by Mr. Salim Danji on 30.6.1998, no reference is made in paragraphs 1 and 2 of Mr. Kaptens affidavit.…
Division and case type: Constitutional and Human RightsElection Petition
…The application is supported by the supporting Affidavit of the petitioner in which he deposed as follows; (i) THAT I am the Petitioner/Applicant herein hence competent to swear this Affidavit.…
…(iv) THATI reiterate in full the contents of my Affidavits respectively filed in response to the Affidavit sworn in support of the Petition herein, the.…
Division and case type: Constitutional and Human RightsElection Petition
…The application is supported by the supporting Affidavit of the petitioner in which he deposed as follows; (i) THAT I am the Petitioner/Applicant herein hence competent to swear this Affidavit.…
…(iv) THATI reiterate in full the contents of my Affidavits respectively filed in response to the Affidavit sworn in support of the Petition herein, the.…
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: 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: 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: 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: Constitutional and Human RightsElection Petition
…Mr P Nowrojee, assisted by Mr D Maanzo argued this application as per the eleven (11) grounds set out, supported by the 1st respondent’s affidavit and with reference to the authorities that both sides put forth.…
…Mr Mbaya concurred with Mr Nowrojee in most of the above, save to add that the petitioner in his affidavit seeking orders for substituted service had admitted that he had not served the petition in the 28 days from the day…
Division and case type: Milimani Commercial CourtsElection Petition
…However, Mr Mukele, the learned counsel for the 2nd respondent has deponed in his affidavit in support of the Notice of Motion: “THAT I carefully perused the Gazette Notice and found that the service of the petition was published…
…The only place where rules of Civil Procedure may apply is on the witness affidavits. Witness give affidavit evidence in election petitions. The process is clearly set out and rule 18(7) provides: “7.…
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: Constitutional and Human RightsElection Petition
…The motion is supported by the affidavit of the first respondent (hereinafter referred to as “Chiaba”) in which he swears to the fact that he was not served personally or at all.…
…It is suprising therefore that the supporting affidavit says nothing of having seen these documents. It is absolutely silent.…
Division and case type: Constitutional and Human RightsElection Petition
…The 2nd respondent’s motion was filed by Mr James Orengo, his advocate, who also swore an affidavit in support thereof.…
…So come the hearing day of the 2nd respondent’s motion, and the Court has before it an affidavit of service by one Mr Venant Mwakio Irina sworn on 25.1.93.…
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…