Case law
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Division and case type: CivilCivil Case
….…… DEFENDANT RULING The motion before the court is based upon the Affidavit of JAO Adera Chief Legal/corporation Secretary of the plaintiff Bank. The plaintiff prays for orders:- 1.…
Division and case type: Environment and LandCivil Suit
…the supporting affidavit on their behalf.…
…Whether these are to swear a joint affidavit or each is to file a separate affidavit. This leads to the question as to whether a joint affidavit is provided for within the rules.…
Division and case type: Milimani Commercial CourtsCivil Case
…The application is supported by the annexed affidavit of Raj Harish Devani, a Director of the Plaintiff Company, sworn on 30th June, 2010; and two supplementary affidavits sworn by the said Director on 6th July, 2010 and…
…The 2nd Defendant also filed a replying affidavit sworn by one Moses Mbugua, its Chief Executive Officer on 9th June, 2010.…
Division and case type: CivilCivil Suit
…The application is supported by an affidavit sworn by the objector and opposed on an affidavit sworn by the counsel for the respondent. The objector is the wife of the judgment debtor herein.…
…In that affidavit he did not deny ownership of the vehicle KZZ 658. On 18/6/92 the stay application was dismissed and warrants reissued.…
Division and case type: Milimani Commercial CourtsCivil Case
…………………………….DEFENDANT RULING There being no denial by the Defendant/Respondent that the cheques on which the applicant’s account was debited did not belong to the plaintiff/applicant as deposed in paragraphs 5 – 9 of the affidavit…
Division and case type: CivilCivil Case
…The new discovery made according to the affidavit in support of the application, is that it had come to the attention of counsel for the applicant after the order of this court was made on 1.12.89, that the decision of the…
Division and case type: Milimani Commercial CourtsCivil Suit
…The Advocate for the Plaintiff JAMES GITAU SINGH filed a Replying Affidavit dated 14th July, 2008.…
…The Applicant has filed a supplementary affidavit in response to the replying affidavit. The affidavit is sworn by the Defendant’s Advocate, JAMAL, dated 25th September, 2008. I have considered its contents.…
Division and case type: CivilCivil Case
…Okello and argued in Limine that the suit here is time barred and that the plaint is not accompanied by a verifying affidavit as required under Order 17 and therefore, defective and that because the affidavit is defective…
…He also said that verification affidavit does not offend Order 18. The preliminary objection here is in all the grounds cited cannot be sustained. They are not decisive in law.…
Division and case type: CivilCivil Case
…The said application is opposed and I have the replying affidavit sworn by one Cyrus Kabiu Njungu the Distribution Manager (Design and Construction) of the plaintiff Company.…
…This has been conceded in paragraph 4 of the affidavit in support of the application.…
Division and case type: Milimani Commercial CourtsCivil Case
…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: Milimani Commercial CourtsSuccession Cause
…Hannah’s affidavit in support of the application for Revocation was sworn on 17th September 1997 Hannah swore a further affidavit on 6th February 1997. The same was filed in court on 11th February 1998.…
…Hannah’s counsel submitted in reply that Hannah’s further affidavit already referred to, denied the fact of the deceased’s brother having owned property jointly with the deceased.…
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: COMMERCIAL DIVISIONCivil Suit
…Plaintiff’s counsel in submission stated that the 3rd defendants application was incompetent for failing to have a supporting affidavit.…
…Order 50 Rule 7 requires an applicant by summons to state in general terms the grounds of the application and where the summons is based on evidence by affidavit a copy of that affidavit is to be served.…
Division and case type: CivilCivil Case
…The landlord further states in the same affidavit that the new tenant has keys to the premises and her furniture is still in the premises.…
…Annexture No 14 to the landlord’s affidavit filed on 22/2/91 is particulars recorded by M/s Ebony Estates Ltd – the landlord’s agents.…
Division and case type: Milimani Commercial CourtsCivil Case
…The application is supported by an affidavit sworn on October 2, 2000 by Michael J Iseme, an advocate of this Honourable Court and a partner in the firm of Iseme, Kamau & Maema Advocates, which said firm is on record for…
…In opposing the application, the respondent has deponed in his affidavit sworn on October 5, 2000 that the defendant has offered no explanation as to why it failed to make an appearance or to file a defence within the prescribed…
Division and case type: CivilCivil Case
…The said application is supported by an affidavit sworn by the counsel for the defendant/applicant to which grounds of objection and affidavit in reply have been filed on behalf of the plaintiff/respondent.…
…The reasons given for failing to file a defence appear in the affidavit of the learned counsel for the defendant/applicant.…
Division and case type: Milimani Commercial CourtsCivil Case
…Supporting Affidavit of AGNES NDINDA MALUNDU sworn on the 12th January 2012 filed on the 19th January 2012 (hereinafter referred to as “the Plaintiff’s Supporting Affidavit”). ii.…
…Further Affidavit sworn by the same AGNES NDINDA MALUNDU sworn on the 27th September 2012 filed on 28th September 2012 (hereinafter referred to as “the Plaintiff’s Further Affidavit”). 3.…