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….…… DEFENDANT RULING The motion before the court is based upon the Affidavit of JAO Adera Chief Legal/corporation Secretary of the plaintiff Bank. The plaintiff prays for orders:- 1.…

…………………………….DEFENDANT RULING There being no denial by the Defendant/Respondent that the cheques on which the applicant’s account was debited did not belong to the plaintiff/applicant as deposed in paragraphs 5 – 9 of the affidavit…

…The new discovery made according to the affidavit in support of the application, is that it had come to the attention of counsel for the applicant after the order of this court was made on 1.12.89, that the decision of the…

…The petitioner filed affidavits, testified as PW1 and called an expert witness Ezra Kipsang, an Engineer to produce a valuation report. 7.The respondent filed three affidavits but informed the court that they intended to…

…The respondent’s counsel referred to them as expert witnesses and that is the reason why they had not filed affidavits.…

…All this in what he called a further supporting affidavit.…

…Then there is this affidavit of the advocate Mr Taib Ali Taib. One does not deny the right of an advocate to swear an affidavit.…

…For this argument he relies on the affidavit of Mr Mwai Solomon Githegi, the Town Clerk of the Council wherein he deponed, inter alia, as follows:- 7.…

…Mr Mwakiwiwi who instructed Messrs Arum and Company Advocates to handle this particular file on the Council’s behalf has sworn his own (replying) affidavit.…

…authorised representatives such as their secretaries, managing directors etc, have sworn any affidavit in support of their respective claims.…

…Instead, their advocates took it upon themselves to swear affidavits on their behalf.…

…In addition, the Applicants filed a supplementary affidavit sworn on 3/4/2025 by Lennox Mwangolo. 3.…

…In a replying affidavit sworn on 4/4/2025 by the Petitioners’ advocate, Chesoli Dennis Chebayi, the Petitioners opposed the application.…

…The 1st and 2nd Respondent’s Replying Affidavit. 7.…

…cross-examined on the said affidavits…….…

…The application is premised on the thirteen (13) grounds on its face marked (a) to (m) and supported by the affidavits of Harji Govind Ruda, a director with the petitioner, sworn on the 26th September 2023 and 11th December…

…The 6th respondent opposed the application through the replying affidavit of Paul Manyala, director incharge Planning, sworn on the 27th November 2023 inter alia deposing that the prayers 3 & 5 cannot be granted at this stage…

…There was an affidavit in reply or answer, sworn by the defendant on 17th September, 1987, and there were affidavits sworn by Helida Abuonj w/o Nungo Oluoch and by Benedict Oluoch which were also dated 17th September, 1987…

…All three affidavits had been sworn about a year before this dispute arose and were unconnected with it.…

…The court has carefully considered the pleadings, the affidavit and documentary evidence tendered as summarized above, submissions by the parties’ learned counsel, superior courts decisions cited thereon, and come to the…

…Other than the submissions, the evidence to be considered was that filed through the various affidavits.…

…The application is based on the twelve grounds on its face marked (i) to (xii) respectively and supported by the affidavit of Mwadziwe Saha sworn on 23rd May 2024, in which he deposed inter alia that he is the chairman of…

…The depositions of Mwadziwe Saha are supported by John Lugwaru Tsuma through his affidavit sworn on 23rd May 2024. 2. The petitioner opposed the application through the replying affidavit of Karim S.…

…The application is supported by the affidavit of Timothy Bryant, advocate which elaborates on the same grounds. RESPONSE The motion is opposed. Damien Davies filed her sworn affidavit dated 13th June 2024.…

…Power to order any point to be proved by affidavit [Order 19, rule 1] Any court may at any time for sufficient reason order that any particular fact or facts may be proved by affidavit, or that the affidavit of any witness…

…The said application is supported by affidavits sworn by Mr Charles Mungui Maranga. The application is opposed and there are affidavits to that effect, sworn by Mr Akelola.…

…I bear in mind that as at this stage the only evidence I have is by way of affidavits and annextures. This evidence has not been subjected to crossexamination.…

…recall its earlier witness and or call an additional witness to adduce the said evidence. 4)THAT the costs of this application be in the cause. 2.The application is predicated on the grounds on its face and supported by the affidavit…

…The petitioner who had sought time to respond to the application had not filed any response when the application came for interparties hearing. 5.I have considered the application, the grounds, the supporting affidavit, the…

…This application is based on the affidavit sworn by the first plaintiff on the same day and annexed to the said application.…

…I bear in mind the affidavits of the parties on record and the submissions by both counsel.…

…In paragraph 5 of the plaint and in two affidavits of Peter Ndungu Kimani the plaintiffs claim that they are all members of the 1st defendant society and have attached to those documents photostat copies of share certificates…

…The first defendant however denies this and in his affidavits of 9th February and 29th March 1989 the Chairman of the 1st defendant it is claimed that the share certificates and the numbers the plaintiffs claimed to have…

…In support of this ground the Managing Director of the plaintiff one Horatius Da Gama Rose has sworn a supplementary affidavit on 6th November 1986.…

…In the affidavit of Robert William Fisher Armstrong sworn in opposition to the application and filed herein on the 7th November, 1986, it is deponed in paragraph 8 as follows- “8.…