Case law
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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: 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
…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: 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: Environment and LandLand Case
…The application is premised on the grounds on the face of the application and is supported by the affidavit sworn by the applicant on 24th February, 2016.…
…The respondent filed a replying affidavit on 4th March, 2016.…
Division and case type: Environment and LandLand Case
…Riungu relied on the supporting affidavit of the applicant. He referred to the contents of the affidavit where the applicant claims that she only learnt about the suit in question 6 months after her husband's death.…
…Akwalu for the Defendant/Respondent opposed the application and relied on the replying affidavit of the Defendant/Respondent sworn on 30th November, 2012.…
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.…
Division and case type: Environment and LandLand Case
…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: Environment and LandLand Case
…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: FamilySuccession Cause
…The application was supported by an affidavit sworn by Terry C.…
…The petitioner, William Kiprop Komen opposed the application and filed an affidavit sworn on 18th May, 2004.…
Division and case type: Environment and LandLand Case
…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: FamilySuccession Cause
…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: FamilySuccession Cause
…This application is supported by the grounds stated on the body thereto and the matters disposed to in the Supporting Affidavit sworn by the applicant. 2.…
…This application was opposed by the Respondent, Counsel for the 1st defendant relied his client’s replying affidavit sworn on 1/9/2009.…
Division and case type: Environment and LandLand Case
…The applicants seem to have been shopping from one firm of advocates to another and the delay exhibited in not filing the appeal within time, as illustrated by the Certificate of Delay which is attached to the affidavit in…
Division and case type: FamilySuccession Cause
…The application was based on the supporting affidavit of Esther J. Keror filed on 11.11.2013 and the grounds set out in the application as follows: 1.…
Division and case type: Environment and LandLand Case
…Kamaara did not seek time to file replying affidavit although he was entitled to such time having been served only a day prior to the date of hearing. Mr.…
Division and case type: FamilySuccession Cause
…The application is supported by the applicants’ affidavit. In the relevant paragraphs, she states that.…
…matters, if the written will has no attestation clause or has insufficient attestation clause or court is in doubt about the due execution of the will the court is bound before admitting the will to probate to require an affidavit…