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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 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 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 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.…

…Vide an oral application made today, the 1st Defendant/Applicant sought leave of the Court to file his witness statement on the grounds that the suit was commenced by an originating summons and he had filed a Replying Affidavit…

…thereto which affidavit was converted to a defence, and whereas he had filed his documents which he confirmed during pretrial, he had not filed his witness statement, which essentially is a replica of the Replying Affidavit…

…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.…

…THAT the Supporting Affidavit and the Verifying Affidavit of the Plaintiff/ Applicant were not sworn before a commissioner of oaths and neither were they witnessed by the commissioner of oaths and this is in breach of section…

…(sic) Replying Affidavit The Plaintiff has sworn a Replying Affidavit on 13.03.2025 to oppose the Preliminary Objection in which he has stated that the grounds inferring that the Verifying Affidavit as well as the Supporting…

…Although signed by the Plaintiff, it does not meet the mandatory legal requirements governing affidavits. 5.…

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

…In a supplementary affidavit dated 27-1-2025, the Applicant has added the appeal has already been filed and it is Court of Appeal Nyeri Appeal No.…

…I have carefully considered the motion in its entirety including the grounds, supporting affidavit and supplementary affidavits, replying affidavits, the annexures, the written submissions as well as the law cited therein…

…In a supplementary affidavit dated 27-1-2025, the Applicant has added the appeal has already been filed and it is Court of Appeal Nyeri Appeal No.…

…I have carefully considered the motion in its entirety including the grounds, supporting affidavit and supplementary affidavits, replying affidavits, the annexures, the written submissions as well as the law cited therein…

…The application is based on the grounds listed on its face and is supported by an affidavit sworn by the Defendant.…

…The Plaintiffs opposed the application through a replying affidavit sworn by the First Plaintiff on 18th June 2024.…

…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.…

…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.…

…By a replying affidavit of eleven paragraphs sworn on 3rd April 2024, the plaintiff/respondent, Francis Okech Awino through G.M Nyambati and Co Advocates, opposed the application.…

…He referred to Notices and affidavits of service (FOA-02), to reinforce his assertion. By affidavits of service sworn on 30th November 2017 and 15th November 2017 herein, the respondent was duly served.…

…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 deponent maintains that the Defendant was duly served and points to the affidavits of service on record in support of that position.…

…Any further affidavits arising therefrom shall be filed and served within three (3) days of service of the Defendant’s response.…

…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 is premised on the fourteen (14) grounds on its face and supported by the affidavit of Philomena Getrude Bandari, the plaintiff, sworn on the 5th October 2024, inter alia deposing that Duncan Chengo Bandari…

…Chikodza Bandari, the 4th defendant, also filed two affidavits sworn on the 16th January 2023 and 27th October 2023, in support of the preliminary objection that was in response to the application, among others deposing that…

…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.…