Case law
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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: CivilMiscellaneous Application
…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.…
Division and case type: CivilCivil Suit
…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.…
Division and case type: CivilCivil Case
…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.…
Division and case type: CivilCivil Case
…In paragraph 7 of the affidavit sworn by the defendant’s manager in reply to the present chamber summons seeking an interim injunction to restrain the defendant from selling this particular vehicle to anyone else pending…
…the determination of the suit, the defendant acknowledged having received the Premier Saving & Finance Application forms and annexed the said forms to his affidavit as M A AVI.…
Division and case type: CivilCivil Case
…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.…
Division and case type: CivilCivil Case
…The defendant failed to file its replying affidavit and grounds of opposition to this motion.…
…“If no affidavit and no statement under sub rule 1 is filed an order may be made on the application ex parte.” I accordingly gave summary judgment to the plaintiff as prayed in the plaint.…
Division and case type: CivilCivil Case
…For this argument he relies on the affidavit of Mr Mwai Solomon Githegi, the Town Clerk of the Council wherein he deponed, inter alia, as follows:- 7.…
…Mr Mwakiwiwi who instructed Messrs Arum and Company Advocates to handle this particular file on the Council’s behalf has sworn his own (replying) affidavit.…
Division and case type: CivilCivil Case
…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.…
Division and case type: CivilCivil Suit
…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.…
Division and case type: CivilCivil Case
…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.…
Division and case type: CivilCivil Appeal
…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…
Division and case type: CivilCivil Case
…The application is supported by the affidavit of the applicant, Salmon Odhiambo Obilo and there is a replying affidavit.…
…The defendant has for his part filed a replying affidavit in which he denies knowledge of the applicant; however, he admits that he had a transaction for the transfer of the land in dispute to the applicant predecessor in…
Division and case type: CivilCivil Case
…The application is supported by the affidavit of the applicant, Salmon Odhiambo Obilo and there is a replying affidavit.…
…The defendant has for his part filed a replying affidavit in which he denies knowledge of the applicant; however, he admits that he had a transaction for the transfer of the land in dispute to the applicant predecessor in…
Division and case type: CivilCivil Case
…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.…
Division and case type: CivilCivil Case
…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.…
Division and case type: CivilCivil Case
…Infact the suit was listed contrary to the deponment by Mr Mbugua in his affidavit dated 17th May 1990.…
…Indeed a copy of the cause list which they have annexed to the supporting affidavit has the case first on the list of matters which were listed before me. That excuse does not avail the applicants.…
Division and case type: CivilMiscellaneous Application
…Mr Mutai did not also annexe a copy of such a letter to his replying affidavit.…
…He neither annexed to his affidavit any letter of authority from the District Commissioner nor depone in the replying affidavit that he was the Chairman of the Manyatta Divisional Land Control Board through appointment by…
Division and case type: CivilCivil Appeal
…In his affidavit in support of the summons, he stated in the following paragraphs as: 4.…
…Those affidavits constituted the pleadings in this matter.…
Division and case type: CivilCivil Appeal
…In a supporting affidavit, it was deponed on behalf of the applicants that in the year 1986, each applicant was a final year student at the respondent college.…
…Now I need to refer to the affidavits which were sworn on behalf of the college. On January 11, 1989, the College Registrar swore an affidavit in answer to the notice of motion.…