Search court decisions

…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 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…

…In the supporting affidavit sworn by Isaac Onyango, advocate, that is the correct figure cited.…

…Therefore, on the basis of the sworn affidavit and supplementary affidavit of the respondents which amount to solemn undertakings on oath before this court, and in the interests of justice, and with a view to finalizing the…

…The application is supported by the Affidavit of Edwin Simiyu Wamalwa advocate sworn on even date and grounds apparent on the face of the said application.…

…A certificate of costs issued by the Deputy Registrar on 28/01/2025 is annexed to the supporting affidavit. The application is not opposed as no Replying affidavit nor grounds of opposition were filed.…

…The Petition was filed alongside a verifying affidavit where the Petitioners adopted the contents of the Petition as the content of the Affidavit. 3.…

…Petitioners’ Supplementary Affidavit 13. The Petitioners filed a Supplementary Affidavit dated 14th April 2025 sworn by Jackson Magoiga Mariba, the 1st Petitioner.…

…The application is anchored upon grounds 1 to 6 set out on it’s face and the supporting affidavit of ten paragraphs sworn by George Illah, County Attorney of the 2nd respondent.…

…That the houses constructed and or demolished thereon belong to the National Government and not the 2nd respondent as discerned in the letter marked as ‘G1-1’ annexed to the supporting affidavit.…

…The court has carefully considered the grounds on the application, affidavit evidence, submissions filed, the record and come to the following findings: a.…

…Though the document is headed supporting affidavit, it is of no evidential value without being commissioned, and it leaves the application without evidence in support.…

…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.…

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

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

…The 3rd Respondent on behalf of the 2nd to 7th Respondents filed a Replying Affidavit dated 14.03.2025 in response to the present Petition.…

…Lastly, the 3rd Respondent was of the view that because the present Petition did not have any Affidavit in support, then the same should be struck out forthwith.…

…The 11th respondents filed a sworn affidavit on behalf of himself, the 9th and 10th respondents herein in opposition.…

…It is further stated that these are discrepancies between the intentions evident in the application and its supporting affidavit and the drafted petition in that the allegations made in the application and supporting affidavit…

…Prior to that, he had filed a replying affidavit dated 19th September 2023. There is no record of any submissions filed by the Applicant.…

…It is based on the grounds set out therein and supported by the affidavit of GONA JOYCE SALAMA counsel for the Applicants.…

…supplementary affidavit.…

…In the said affidavit, the deponent stated that he had sworn the affidavit in support of the said application dated 2nd May 2025 and the present application.…

…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.…

…The application is based on the nine grounds on its face marked (i) to (ix), and supported by the affidavit of David Katuva Mulu, pastor, sworn on the 26th February 2024. 2.…

…The applicant responded by filing the affidavit sworn on 20th May 2024 by the said David Katuva Mulu indicating that the copies of two cheques annexed to the affidavit of David Yego were of 1st August 2022 and 22nd August…

…In Muktar Bishar Sheikh v Independent Electoral & Boundaries Commission & 2 others (supra), the Court, in striking out the affidavits, relied on Black’s Law Dictionary’s definition of an affidavit as follows – “...Black’s…

…An affidavit therefore must be voluntary, written and commissioned. If any of these three ingredients is missing, then that document is not an affidavit.…

…The motion is opposed by the Respondents who have sworn a replying affidavit dated 13-9-2024 in which they reply as follows.…

…I have carefully considered the summons in its entirety including the grounds, the supporting affidavit, the annexures, the replying affidavit, the written submissions by learned counsel for the parties and the law cited…

…In general terms, the rest of the Respondents filed their responses through Replying Affidavits and responses on various dates with the Petitioner filing Supplementary Affidavits in further response to all the replying affidavits…

…The affidavit was in response to the cross petition. XI.   The 2nd Supplementary Affidavit by the Petitioner 129.   …

…The Petition was accompanied by an affidavit in support. 2.…

…The Replying Affidavit of the 1st Respondent 27.…