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…The notice of appeal was filed on July 4, 1990 within the prescribed time and although the affidavit in support (the affidavit) by Mr.…

…Akhaabi collected the papers in December, 1992 (paragraph 6 of the affidavit) when he found out that the second applicant had died.…

…Supported by prior affidavit of the applicant.…

…I have considered the application as well as the affidavit in support and the submissions by counsel for the applicant and the learned state counsel and it can’t be said that this application lacks in merit which the applicant…

…The application is supported by the annexed affidavit of Abid Ali Hashim, the applicant. The application is opposed. Antony Kihonge Muhia swore a replying affidavit in opposition to the application.…

…In the said affidavit, he deponed that the Nairobi Chief Magistrate’s court had jurisdiction to hear and determine the suit since he had initially purchased the motor vehicle from a motor vehicle dealer in Nairobi.…

…The applicant is also granted leave to file a further replying affidavit incorporating the Notices of Appeal so filed. We make no order as to costs. Made at Nairobi this 3rd day of June, 1999. J. E.…

…Gaturu, counsel for the respondent, has by a comprehensive replying affidavit, shown detailed steps he has undertaken so far which have culminated in his lodging the appeal which has been registered as C.A.…

…None was alleged either in the Notice of Motion or in the supporting affidavit. Mrs. Ngugi, however, strongly urged that the discretion under rule 4 is unfettered. This is true.…