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…Evidence by way of affidavits in an application for injunction is not complete.…

…Moreover, the second aspect is that the bank has not stated in any affidavit that it would be prepared to pay damages of the order of Kshs 20,000,000.…

…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.…

…In a supporting affidavit sworn by Mr Wandaka the advocate who had the conduct of the suit, it is deponed that the applicant’s firm of advocates applied for proceedings and judgment on June 5, 1986, two days after the judgment…

…Mr Jowhal for the respondent had a quarrel with the facts of the affidavit in support of the application.…

…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…

…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.…

…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.…

…NO. 3457 of 1995 as the same will not turn on a serious issue for whether or not the affidavit of Mugesa Ole Kuseyo was defective as deponed in the applicants' affidavit in support of their application, the same is not fatal…

…From the affidavit in support of the applicants' application, it is not apparent what effect the alleged defect in the affidavit of Mugesa Ole Kuseyo in the superior court would have to their case in that court.…

…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.…

…There was also an affidavit in support of the application sworn by Martin Gichohi Mwaniki, the advocate conducting the matter on behalf of the applicant and who swore that he was authorised by the applicant to swear the affidavit…

…The facts as stated in the record and in the affidavit in support of the application, are not in dispute. Mr.…

…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.…

…It is unfortunate that even the replying affidavit filed by Mr Patel on September 18, 1986 and served on the same day no further affidavit by the applicant has been filed in answer to that replying affidavit.…

…It is unfortunate that even the replying affidavit filed by Mr Patel on September 18, 1986 and served on the same day no further affidavit by the applicant has been filed in answer to that replying affidavit.…

…The application does not specify the duration of the injunction Order sought but the supporting affidavit seems to indicated that the injunction order is sought until plaintiffs are able to sell L.R Nairobi Block 195/65 and…

…I have studied the plaint and the affidavit to support the application and the annexed documents.…

…The bitterness that has developed shows in her pleadings, affidavits and manner of speech.…

…Gautama in her affidavit and submissions. She calls him crude and savage – a felonious man worse than her husband. And she adds for good measure that she has been a victim of injustice in this country.…

…The application was supported by the affidavit of Mr. Mungai Kamotho the defendant’s advocate.…

…Mr Macharia Njore, the advocate for the plaintiff filed a lengthy replying affidavit, explaining the circumstances that led to the vehicle being sold.…

…In that case the defendants had not delivered any pleadings but filed an affidavit to oppose an application filed in the suit.…

…In our case the defendant not only has filed a written statement of defence, but also filed a replying affidavit in opposition of the application for summary judgment.…

…I have read the supporting affidavit and the grounds of opposition dated and filed on 31st October, 2008.…

…No discovery of such new and important matter or evidence is pleaded in the grounds on the face of the application or in the supporting affidavit.…

…There was only one accompanying affidavit in support and that was by Nyamogo, the 1st applicant. The detailed acts of refusal are deponed to therein.…

…However, in his replying affidavit sworn on 16th November, 1993, and filed on the same day Mr Malakwen states and we quote: “I have now seen the notice of motion dated 28th October, 1993, and an affidavit sworn by one Mr…

…The application is supported by affidavit of the applicant sworn on 19/9/88 in which he depones inter alia that he has never been served with summons to enter appearance; that it is on 30/8/ 87 when court broker came to his…

…Mr Kassamali Mohamed Noorani does not in his affidavit mention the issue of service. Mr Kasmani for respondent however referred to return of service and said that service was proper.…