Case law
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Division and case type: CivilCivil Appeal
…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…
…Mr Josiah in his replying affidavit sworn on 16th November, 1993, and filed on the same day has stated that he was never served with any court order or at all in regard to this matter.…
Division and case type: CivilCivil Case
…The application is opposed and grounds of opposition together with a replying affidavit have been filed. I also have submissions made by both learned counsel appearing.…
Division and case type: CivilMiscellaneous Application
…The application is opposed through the replying affidavit made and sworn by H I, the 2nd respondent on the ground that during the hearing of the application before the lower court the applicant did not deny that the children…
…Momanyi for the respondents relied on the replying affidavit and added that the application is fatally defective for having been brought under the wrong section of the 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.…
Division and case type: CivilCivil Case
…The defendant failed to file its replying affidavit and grounds of opposition to this motion.…
…February 1993 the plaintiff’s advocate Mr Kenzi, appeared before me and was able to establish that although the notice of motion had been served on Mr Abdullah, the defendants advocate who was then on record, there had been no replying…
Division and case type: CivilCivil Suit
…The plaintiff filed a replying affidavit to resist the summons.…
…The defendant finally swore in his affidavit in reply that the applicant has concealed his property with a view of defeating the plaintiff’s claim The provisions of order XX rule 11 (2) reads: “After the passing of any such…
Division and case type: CivilCivil Case
…The application is supported by an affidavit sworn by the applicant to which the learned counsel for the plaintiff has sworn and filed a replying affidavit and grounds of opposition.…
Division and case type: CivilCivil Case
…The defendant’s defence and replying affidavit present an aspect which is really hard to fathom.…
Division and case type: CivilMiscellaneous Civil Application
…On that application upon which the applicant did not file a replying affidavit, judgement was entered in terms of that application on 26th January 1988.…
Division and case type: CivilCivil Appeal
…There was no replying affidavit from the respondents.…
…There was no replying affidavit to challenge the appellant’s affidavit evidence that it was not until 1977 that he became aware of that report.…
Division and case type: CivilCivil Case
…The defendant’s advocate, Mr Wanyonyi Wafula Chebukati, has in turn sworn a replying affidavit on behalf of the defendant and in support of the defendant’s ground of opposition so that neither the plaintiffs nor the defendants…
…In paragraph 3 of the replying affidavit Mr Wanyonyi swears on behalf of the defendant that:- “That, the defendant hereof (sic) has filed an application for reference to be filed out of time and the said application has not…
Division and case type: CivilCivil Case
…The landlord states in his replying affidavit that :- The lease was for one year from 2/6/88 at monthly rent of shs 5,500 payable two months in advance; that the lease agreement was renewed for a further period of one year…
…The applicant filed a replying affidavit on 26/2/91 in which he states that he is in physical possession of the premises and that the new tenant has not taken possession.…
Division and case type: CivilCivil Suit
…If counsel for the applicant argues that since Mr Chebseba had not filed grounds of opposition and replying affidavit to the application for summary judgment then he Mr Chebseba had no audience in law then the same thing…
…applies to the present counsel on record as he too has not filed a replying affidavit to that application.…
Division and case type: CivilCivil Case
…The law is quite clear on this point, but in the instant case the defendant did not annex to his replying affidavit a single receipt or document showing that the rent per month was ever increased by the last about 10 years…
Division and case type: CivilCivil Case
…receiver or for an account or for an injunction as prayed in the plaint .... “ With regard to the construction the defendant avers that he has obtained all the necessary plans and approvals: but he did not annex them to this replying…
…affidavit.…
Division and case type: CivilCase number Civil Application
…In their grounds of objection and replying affidavit, Mr Magugu and Inns Ltd contended that it was a condition for the payment of the respondents’ fees that Inns Ltd obtained finances to undertake the project; that Inns Ltd…
Division and case type: CivilCivil Case
…He did not file a replying affidavit, but he did file grounds of opposition pursuant to the provisions of O L rule 16 Civil Procedure Rules. Two grounds were put forward in opposition of the application.…
Division and case type: CivilCivil Case
…Further the respondent/applicants/plaintiff state that they had already been issued with the notification of approval of development permission granted on 26.5.2003.The applicants/respondent/defendant stated in the replying…
…affidavit that regardless the planning authority were entitled to stop the purported development and thus its acts legal.…
Division and case type: CivilCivil Case
…In the Chamber’s replying affidavit it is contended that the Governing Council had the right to terminate the membership of the plaintiffs and did so in pursuance of clause 9 of the Articles of Memorandum of the Chamber and…
Division and case type: CivilCivil Case
…There was a replying affidavit and grounds of opposition filed by the firm of messrs Nyachae and the contents of the supporting affidavit.…
…From the contents of the replying affidavit, no professional undertaking was ever given by the firm of messrs Nyachae & Co Advocates as the plaintiff did not fulfil the conditions under which such an undertaking would have…