Search court decisions

…That the learned magistrate erred and misdirected himself in law and fact by exposing open bias against the Appellant and lack of consistency when he failed to appreciate that even if the replying affidavit had been sworn…

…That the learned magistrate erred and misdirected himself in law and fact in failing to appreciate and consider that the uncontested evidence before him in the form of annexure “GWM-2” to the Appellant’s replying affidavit…

…affidavit.…

…Reference was made to the application, the replying affidavit, Order 1 Rule 10 (2) of the Civil Procedure Rules 2010, Werrot and Company Ltd & others-vs-Andrew Douglas & others (1998) eKLR and Kizito M.…

…That no leave to file any supplementary record was sought to include the replying affidavit which embodies the entire basis of the opposition of the Appellant’s appeal.…

…I take it therefore that there is no explanation for the omission of filing the Replying Affidavit.…

…Replying Affidavit 8. The Application is opposed by the 1st Respondent vide the Replying Affidavit sworn by Veronica Chepsat Sum on 9th may 2025, who describes herself as the Guardian Ad Litem to the 1st Respondent. 9.…

…The 2nd Respondent equally opposed the Application vide his Replying Affidavit sworn 9th May 2025.…

…In response to the petition, the 1st respondent filed a replying affidavit and a supplementary replying affidavit.…

…The 2nd respondent filed a replying affidavit sworn by Franklin Kiche and a further replying affidavit sworn by Hellen Juma.…

…Whether the trial court erred in relying on a replying affidavit irregularly filed by the opposing counsel. 4. What orders should issue.…

…On the Replying Affidavit Filed by Opposing Counsel it was not disputed that a replying affidavit purporting to have been filed on behalf of the 1st Objector (Appellant) was introduced by counsel for the Respondent.…

…He explained that, through an inadvertent error, he uploaded a Replying Affidavit from an unrelated family matter instead of the Memorandum of Appeal dated 26th February 2025.…

…However, through an inadvertent mistake, it uploaded a Replying Affidavit from an unrelated family matter instead of the Memorandum of Appeal dated 26th February 2025.…

…I will begin by considering the challenge to the validity of the 1st Respondent’s replying affidavit.…

…The Applicant argued that the replying affidavit does not amount to an affidavit.…

…It contains a document titled “respondent’s replying affidavit to the notice of motion dated 2nd August 2023”.…

…In this regard, I agree with the Respondent’s claim that the said replying affidavit does not form part of the trial court record. 32.…

…We have no hesitation in finding that the purported Replying Affidavit filed by the 1st Respondent is fatally defective as the same contravenes all the legal requirements for the making of an affidavit.…

…We have checked all the eight copies of the Replying Affidavit as filed in the Court Registry and confirmed that none of the copies was signed, commissioned and dated.…

…In response, the Appellant/Respondent filed a Replying Affidavit sworn on 8th April 2025.…

…He further deposes that as at 1st October 2024, the Replying Affidavit sworn on 26th August 2024 had not been placed on record.…

…The Replying Affidavit and the documents annexed thereto filed by the 2nd Respondent dated 5th April, 2021 be struck out for being filed out of time without the leave of the court. 2.…

…That no explanation has been given by the 2nd Respondent for the inordinate delay in filing the Replying Affidavit and accompanying documents.…

…The appellants opposed the application vide the replying affidavit of Sylvia Njoroge sworn on 12/4/2025.…

…The material presented in the supporting affidavit and replying affidavit reveal a legal right which has apparently been infringed on account of the amount said to be due and owing by the 1st defendant as against the amount…

…(c) That this Honourable Court be pleased to strike out and/or expunge from the Court record the Replying Affidavit sworn by Robert Ondieki Birundu on the 9th day of March, 2026, together with any other pleadings and/or documents…

…Replying Affidavit 7.…

…The Respondent/Respondent opposed the Chamber Summons and the averments of the Supporting Affidavit in their entirety by way of a Replying Affidavit dated 19th June, 2023 deponed to by Lazarus Mwangi Gichuru.…

…The forty-seven paragraph Replying Affidavit, in addition to countering the averments set forth in the Chamber Summons and the Supporting Affidavit, also addressed wider issues of contention between the two parties that touch…

…The 2nd Respondent’s replying affidavit sworn by its Director of Legal Affairs and Dispute Resolution Brian Ikol on 2/6/2022 was brief.…

…She produced as Exhibits 1-7 the documents annexed in the replying affidavit sworn by Ms. Pamela Lisasa. The witness was cross-examined by Ms. Mwangi.…

…The petitioner filed Grounds of Opposition and a replying affidavit.…

…Rule 15(11) requires the Attorney General to respond through a replying Affidavit. No Replying Affidavit has been filed by the Attorney General.…

…The application was opposed by the Replying Affidavit sworn by the Respondent. Directions were taken for hearing of the application by way of written submissions.…

…This court has considered the application, the grounds of the application and the Replying Affidavit as well as the submissions of the parties and hereby makes an order for stay of execution of the decree in Migori CMCCC…

…The Respondent vide Replying affidavit sworn 9th April 2025 opposed the application but at paragraphs 12, 13 and 14 seems to concede to the application.…

…This court has considered the application, the supporting affidavit and the Replying Affidavit as well as submissions filed by the Applicant and find that that the Applicant has satisfied the court for grant of orders of…