Case law
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Division and case type: CriminalCriminal Appeal
…The application is supported by an affidavit sworn on 11.7.2001 by Dipak Panachand Shah the 2nd defendant, which sets out the facts on which the applicants rely.…
…In that regard, the matters deponed to in Eunice Kagane’s affidavit such as:- 1. Forwarding 5 draft orders for approval (paragraph 6 of the affidavit). 2.…
Division and case type: Constitutional and Human RightsPetition
…caused to the petitioner by reason of the delay in the filing of the said affidavit.…
…It was that the company had not filed affidavit in opposition. In certain circumstances verifying affidavit may provide evidence upon which a winding up may be granted.…
Division and case type: CriminalCriminal Appeal
…For the prosecution case to succeed, it was incumbent upon the prosecution to prove that each and every averment of fact contained in the affidavit of the appellant complained of was false and in particular as regards of…
…As I have already stated, the appellant stood by each and every event of fact in his affidavit.…
Division and case type: Constitutional and Human RightsPetition
…There is evidence (oral and affidavit ) to show that as at 1st August, 1986 the company was indebted to the Petitioner, for moneys lent and advanced, in the sum of shs 946,615/70 and that on 22nd September, 1986 the necessary…
…Those are the claims contained in the affidavit sworn on 28th July, 1987 by John Joseph Kinyanjui, a director and major shareholder of the company.…
Division and case type: Constitutional and Human RightsPetition
…I have perused the exhibits marked “NJMM I” annexed to the affidavit of Mr Nelson Joel Manyeki Mainnah of the creditor Bank sworn on 25/2/91.…
…In para 13 – 23 of the debtors affidavit sworn on 19/2/91, the debtor has made some serious accusations against process server.…
Division and case type: Constitutional and Human RightsPetition
…On14th March, 1989, Mr A.A.K.Esmail for the Creditor filed his affidavit stating that on 25th February, 1988, the creditor, sued the debtor in High Court Case No 696 of 1988 for possession of premises known as L.R. 37/142…
…The other point raised by Justus Kalinga in his further affidavits that this petition cannot be determined until the final determination of the said appeal.…
Division and case type: CriminalCriminal Appeal
…The oral application made by the children’s officer, without any affidavit in support denied the appellant an opportunity of challenging the whole proceedings. The procedure adopted was wrong.…
…In any other case an application had to be made supported by an affidavit. The conviction of the appellant was unprocedural and most unsafe and cannot be allowed to stand.…
Division and case type: Constitutional and Human RightsPetition
…The petition was duly verified by an affidavit of a Director of the petitioner. The company filed a replying affidavit on 12th June 1996. That affidavit was worn by A.N. Kilonzo, the Company’s General Manager.…
Division and case type: CriminalCriminal Appeal
…The Notice of Motion was supported by the affidavit of Kiraitu Murungi sworn on December 1, 1986.…
…In paragraph 13 of his affidavit, Mr Kiraitu set out in detail what the appellant had said about that ill-treatment.…
Division and case type: Constitutional and Human RightsPetition
…In his affidavit in support of the application, the applicant has deponed that both the respondents are his estranged wives. That the ten (10) children are not his.…
…Momanyi for the respondents relied on the replying affidavit and added that the application is fatally defective for having been brought under the wrong section of the law.…
Division and case type: CriminalCriminal Appeal
…In that regard, the 2nd plaintiff, who has sworn the affidavit in support of the application, depones that she and her husband were out of the country on the date the purported proclamation was made and there was therefore…
…In his affidavit, he acknowledges that he had to peep through the window in order to have a glimpse of the inside of the house.…
Division and case type: Constitutional and Human RightsPetition
…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: Constitutional and Human RightsPetition
…The Chamber Summons is supported by a statutory statement, a verifying affidavit and supporting affidavit, all dated 123rd November 2007 and sworn by the Applicant.…
…The Affidavit does not demonstrate how the Respondents so acted. It is not enough first to make unsubstantiated allegations.…
Division and case type: Constitutional and Human RightsPetition
…The Chamber Summons is supported by a statutory statement, a verifying affidavit and supporting affidavit, all dated 123rd November 2007 and sworn by the Applicant.…
…The Affidavit does not demonstrate how the Respondents so acted. It is not enough first to make unsubstantiated allegations.…
Division and case type: CriminalCriminal Appeal
…In his supporting affidavit Mr. Gross, learned counsel for the applicant, freely, and quite properly, admits that the exclusion of a certified copy of the order from the record of appeal was entirely his own fault.…
Division and case type: CONSTITUTIONAL AND HUMAN RIGHTS DIVISIONPetition
…In the affidavit supporting its application, the Proposed Interested Party has attached correspondence with National Land Commission, the Commission on Administrative Justice, the National Environment Management Authority…
…Further, in a letter dated 16th November 2016, which is attached to the Supplementary affidavit of Peter Kuguru, Director of the Petitioner sworn on 1st December 2016, the First Respondent has acknowledged receipt of the…
Division and case type: Milimani Commercial CourtsCriminal Appeal
…Although Hannah, the applicant’s wife swore in her affidavit of December 11, 1986 that the applicant had had to attend regular medication drugs and had to be attended very keenly and delicately as he is developing bouts of…
…Hannah stated in her affidavit of December 8, 1986 that if the applicant were to be kept in prison his condition was likely to worsen with unpredictable consequence.…
Division and case type: Constitutional and Human RightsPetition
…This petition was grounded on her affidavit in which she depones that in addition to herself the deceased was also survived by their seven children, five daughters and two sons.…
…Sarah had sworn an affidavit previously on 10/5/89.…
Division and case type: Anti-CorruptionPetition
…The Application is supported by an affidavit sworn by Wilfred Nyamu, an advocate of the High Court of Kenya and seized with the conduct of the matter on behalf of the Petitioner. 3.…
…not suffer any prejudice if the orders are not granted and therefore urged the Court not to grant the orders sought. 13.The 2nd Respondent, The Director of Public Prosecution in reply to the Application filed a Replying Affidavit…
Division and case type: Constitutional and Human RightsPetition
…In the application and affidavit, they do not show they are prepared to return the goods.…