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…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.…

…In addition, the Applicants filed a supplementary affidavit sworn on 3/4/2025 by Lennox Mwangolo. 3.…

…In a replying affidavit sworn on 4/4/2025 by the Petitioners’ advocate, Chesoli Dennis Chebayi, the Petitioners opposed the application.…

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

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

…The application is premised on the thirteen (13) grounds on its face marked (a) to (m) and supported by the affidavits of Harji Govind Ruda, a director with the petitioner, sworn on the 26th September 2023 and 11th December…

…The 6th respondent opposed the application through the replying affidavit of Paul Manyala, director incharge Planning, sworn on the 27th November 2023 inter alia deposing that the prayers 3 & 5 cannot be granted at this stage…

…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 court has carefully considered the pleadings, the affidavit and documentary evidence tendered as summarized above, submissions by the parties’ learned counsel, superior courts decisions cited thereon, and come to the…

…Other than the submissions, the evidence to be considered was that filed through the various affidavits.…

…The application is based on the twelve grounds on its face marked (i) to (xii) respectively and supported by the affidavit of Mwadziwe Saha sworn on 23rd May 2024, in which he deposed inter alia that he is the chairman of…

…The depositions of Mwadziwe Saha are supported by John Lugwaru Tsuma through his affidavit sworn on 23rd May 2024. 2. The petitioner opposed the application through the replying affidavit of Karim S.…

…recall its earlier witness and or call an additional witness to adduce the said evidence. 4)THAT the costs of this application be in the cause. 2.The application is predicated on the grounds on its face and supported by the affidavit…

…The petitioner who had sought time to respond to the application had not filed any response when the application came for interparties hearing. 5.I have considered the application, the grounds, the supporting affidavit, the…

…When the suit came up for hearing, the petitioner who testified as PW1, relied on the affidavit he swore in support of the petition, dated 31st January 2023; a further affidavit sworn on 13th March 2023, a further-further…

…affidavit sworn on 5th May 2023 and a supplementary affidavit sworn on 26th July 2025 after they were adopted as his evidence in chief.…

…However, Mr Mukele, the learned counsel for the 2nd respondent has deponed in his affidavit in support of the Notice of Motion: “THAT I carefully perused the Gazette Notice and found that the service of the petition was published…

…The only place where rules of Civil Procedure may apply is on the witness affidavits. Witness give affidavit evidence in election petitions. The process is clearly set out and rule 18(7) provides: “7.…

…The application was opposed by the Petitioner through a replying affidavit sworn by Richard Otieno Sikuku on 26th April 2024.…

…In its submissions in reply, the Petitioner also reiterated the contents of its affidavit in opposition to the application.…

…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.…

…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 1st petitioner adopted the statements in the supporting affidavit evidence-in-chief and the exhibits attached to the affidavit in support of the petition and also in the list and supplementary list of documents, filed…

…He adopted all the contents of the replying affidavit set out earlier here in above as his evidence and was cross-examined by Ms Ombat.…

…In opposition, the 2nd respondent filed a replying affidavit sworn on 2/11/2020 and associated himself with the 3rd respondent’s replying affidavit.…

…Interested parties’ responses In response to the summons and petition, the 2nd IP filed a replying affidavit deposed by Mr. Leonard Ngaluma who is its secretary.…

…The petition is supported by the affidavits of Tsui Lewa Tsui and Mkambe Mkauma Gongo, the 1st and 2nd Petitioners, respectively.…

…These affidavits were accompanied by the following documents: a copy of the title deed for the suit property, Buni/Kisimani/258; a copy of an official search; the grant of Letters of Administration ad litem filed for this…

…The application is supported by the affidavit of Pius Kiptum Yano where the grounds in the application are reiterated. 9.…

…The application is opposed vide the replying affidavit of Dorcus Cheruiyot, the County Attorney of the respondent on 4th December, 2025.…

…DW1 Michael Obop testified for the respondent and adopted the contents of the replying affidavit and further affidavit he had sworn in the matter.…

…This was stated in the first replying affidavit. 29.…

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

…I have carefully considered the application, the affidavits, the Grounds of Opposition and the submissions.…