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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 depositions in an affidavit are evidence and the deponent commits himself to this evidence by signing the affidavit.…

…Matters to which affidavits shall be confined (1) Affidavits shall be confined to such facts as the deponent is able of his own knowledge to prove: Provided that in interlocutory proceedings, or by leave of the court, an affidavit…

…There was also filed a replying affidavit sworn by the 1st defendant/respondent.…

…Mogeni, learned counsel for the plaintiffs and the deponent of the supporting affidavit, argued that the affidavit contains facts that are fully within his knowledge and he is therefore competent to swear the affidavit. 7…

…That it is settled law that depositions in an affidavit cannot be amended, and the amended affidavit must be struck out, with the further further amended petition with costs.…

…leave to file a supplementary affidavit instead of striking the Further Amended Supporting Affidavit out, as sought through the preliminary objection.…

…The contents of Paragraph 6 of the supporting affidavit were denied in toto.…

…Whether the Supporting Affidavit and Replying Affidavit are fatally defective for want of proper authority. 8.…

…The application was expressed to be premised on the following grounds;- THAT, the several Commissioner for Oaths signatures utilised in commissioning the several Supporting Affidavits, Replying Affidavits, Affidavits of Service…

…Replying Affidavit and Annexures dated 11th June 2024. A Copy of the same is Annexed Herewith and Marked as "TNM 7". v. Affidavit of Service and Annexures dated 18th June 2024.…

…The Replying affidavit is not a valid affidavit and is in flagrant violations of the peremptory requirements of Order 19 Rule 3 (l) and (2) of the Civil Procedure Rules. c.…

…Consequently, the affidavit is not a valid affidavit. 6. The 2nd, 3rd and 5th Defendants/Respondents did not file any responses and their Counsel Mr.…

…The application was expressed to be premised on the following grounds;- THAT, the several Commissioner for Oaths signatures utilised in commissioning the several Supporting Affidavits, Replying Affidavits, Affidavits of Service…

…Replying Affidavit and Annexures dated 11th June 2024. A Copy of the same is Annexed Herewith and Marked as "TNM 7". v. Affidavit of Service and Annexures dated 18th June 2024.…

…He also avers that the deponent of the affidavit in support was an Advocate, for the plaintiff, who deposes to evidential matters, in paragraphs 3, 7 and 8 of the said affidavit, something which was not allowed in law.…

…make and swear the affidavit.…

…The 1st Interested Party, through Counsel Mwangi Mburu, filed a Further Affidavit sworn on 19th July 2024 in response to the Decree Holder’s Replying Affidavit dated 3rd July 2024.…

…He noted that, in response to these affidavits, the Decree Holder filed a Supplementary Affidavit dated 12th March 2024, which, according to him, contained perjurious averments.…

…dated 15th July 2025, paragraph 2 and 3 of the said affidavit states: “2.…

…At least one affidavit of service was sworn by the Plaintiff’s advocate.…

…Henry Ojwang Nyabende [2018] eKLR where the court struck out with costs a counterclaim for its failure to be accompanied by a verifying Affidavit at the time of filing.…

…In this framework, Order 4 Rule 1 (2) thereof, requires a plaint to be accompanied by a verifying affidavit.…

…The Replying Affidavit To oppose the Motion, the Respondent filed a Replying Affidavit sworn by its advocate, Francis Mutua , on 13 th May 2025 terming the Motion incurably defective for the reasons that it seeks orders against…

…On the one part, the Applicants have purported in sum, that the director of the Respondent was not in the country at the time of swearing the Verifying Affidavit and hence the affidavit on record is incompetent and that no…

…It is supported by the affidavit of Bahati Charo Mwinyi, also dated 7th January 2026.…

…The application is however opposed by way of the affidavit of Karisa Amin Ramadhan dated 3rd February 2026.…

…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 application is supported by the affidavit of the Erick Onderi, the 1st Defendant’s officer, sworn on 02.11.2022 and a further affidavit sworn on 14.03.2023.…

…The Plaintiff has vehemently opposed the application through its replying affidavit. That replying affidavit, I must say, violates the fundamental rule of affidavits that an affidavit must be confined to facts.…

…The Applicant filed a Further Affidavit, through Victor Ayieko Advocate, who clarified that any person acquainted with the facts of a case may competently swear an Affidavit.…

…By swearing an affidavit on behalf of his client where issues are contentious, an advocate’s affidavit creates a legal muddle with untold consequences.”…

…The interested party filed a document referred to as an affidavit signed by the lawyer but not deponed. The plaintiff respondent filed a replying affidavit stating that the application is not supported by an affidavit.…

…I have considered this application and do find that the same is a non-starter as there is no affidavit supporting the same.…

…when the oath or affidavit is taken or made.…

…Failure to commission an affidavit is not a mere irregularity but goes to its validity. 6.…