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…The application is supported by an affidavit sworn by the objector and opposed on an affidavit sworn by the counsel for the respondent. The objector is the wife of the judgment debtor herein.…

…In that affidavit he did not deny ownership of the vehicle KZZ 658. On 18/6/92 the stay application was dismissed and warrants reissued.…

…The Advocate for the Plaintiff JAMES GITAU SINGH filed a Replying Affidavit dated 14th July, 2008.…

…The Applicant has filed a supplementary affidavit in response to the replying affidavit. The affidavit is sworn by the Defendant’s Advocate, JAMAL, dated 25th September, 2008. I have considered its contents.…

…The defendant swore the supporting affidavit to support the summons.…

…The plaintiff filed a replying affidavit to resist the summons.…

…Plaintiff’s counsel in submission stated that the 3rd defendants application was incompetent for failing to have a supporting affidavit.…

…Order 50 Rule 7 requires an applicant by summons to state in general terms the grounds of the application and where the summons is based on evidence by affidavit a copy of that affidavit is to be served.…

…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.…

…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.…

…In that case the defendants had not delivered any pleadings but filed an affidavit to oppose an application filed in the suit.…

…In our case the defendant not only has filed a written statement of defence, but also filed a replying affidavit in opposition of the application for summary judgment.…

…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…

…The appeal record does not have any affidavit in reply from Rucathi to any of this.…

…There seems to have been no affidavit or evidence in any other form in reply to all this. When this summons came before the judge Mr Ngubuini appeared for Gathigia and Mr Ole Kaparo for Ruchathi.…

…His clients had however, sworn affidavits in opposition of the application. From the affidavit evidence before me it is clear that the respondents have an interest and rights over the suit property.…

…They have deponed in their affidavits that Kigotho Kabiru Njuguna (under Kigotho) who the applicants allege is their landlord, has no interest or rights over the property.…

…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…

…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…

…Once more this court stated as follows: "Upon consideration of the matters deponed to in the supporting affidavit sworn by Wanjau, and in view of the fact that the respondent has been served and not complied with Order 50…

…The applicant's main ground for seeking review of the judgment and thereafter vacating judgment in issue were laid out in his affidavit in support of the application and they are mainly as follows: He had been let down by…

…He has annexed an agreement to his affidavit which, according to him, verifies the dissolution of the said marriage.…

…The Plaintiff’s affidavit is categorical that a marriage under Taita Customary Law subsists between her and the 1st Defendant.…

…The application is supported by a supporting affidavit of Paul Chemwono the Managing Director.…

…applies to the present counsel on record as he too has not filed a replying affidavit to that application.…

…The application is supported by the Applicants’ affidavit of 22nd September 2005 wherein he has sworn that he is registered as lessee for a term of 99 years of the suit premises.…

…From the copies of receipts annexed to his Further Affidavit the amounts paid total about Shs 53,000/=. In his supporting affidavit he says he expended Shs 4,760/= in purchasing fencing materials.…

…In the affidavit in support of the application in case NAI 33 of 1983 (relating to the other applicant) Mr Wamae stated that it was this applicant’s failure to pass on the result of the case (of which Mr Wamae had informed…

…As Mr Gathuru says, the nature of the confusion which existed in the mind of the clerk was not specified in the affidavit of Mr Wamae, neither did the clerk himself swear an affidavit.…

…According to the affidavit on the Return of Service it is deponed that the Garnishee was served on October 17, 1990 for hearing on October 23, 1990.…

…It would also seem from an affidavit in support that the garnishee made some belated attempts to ascertain what happened from the court file but was not lucky.…

…The 3rd ground is that the cheque annexed to Mr Sonpal’s affidavit is for Kshs 1,000,000 whereas the plaintiff’s claim is for Kshs 1,795,595.85.…

…Ground 6,7 and 10 relate to lack of consideration and state (inter alia) that consideration for the payment of 1.5 million shillings which the plaintiff has in the supporting affidavit said was advanced to Harcom Printers…