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…The defendant swore the supporting affidavit to support the summons.…

…The plaintiff filed a replying affidavit to resist the summons.…

…The application is supported by the affidavit of Mr Magugu sworn on 7th December, 1994.…

…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…

…authorised representatives such as their secretaries, managing directors etc, have sworn any affidavit in support of their respective claims.…

…Instead, their advocates took it upon themselves to swear affidavits on their behalf.…

…of Lands and obtained two receipts – see Exhibits B.P.R.3, attached to the replying affidavit of the 2nd Defendant.…

…However, there is the replying affidavit, the 1st Defendant has taken a completely different turn from that in their defence.…

…(See annexture A to the supporting affidavit).…

…Annexture B to the affidavit is a bulk of photocopies of cheques which were variously drawn on the account by the defendant.…

…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.…

…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.…

…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.…

…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.…

…By his supporting affidavit he claims that the said motor vehicle is his property as evidenced by the log book annexed to it as Exh F.…

…The objector avers in paragraphs 6 and 7 of his affidavit as follows: “6: That at the time of attachment of the said vehicle the late Paul Njenga who was a family friend had borrowed the said motor vehicle as being an officer…

…The respondent Steelcord Tyres Limited, as the defendant in the suit did not file any grounds of opposition, or any affidavit in reply. They had however filed a defence denying the plaintiff’s claim.…

…In support of the application the plaintiff swore one affidavit. To it he attached several copies of documents. The first one is a copy of the dishonoured cheque.…

…The application was supported by the affidavit of John Macharia Muhuni, counsel who had the conduct of the suit at the time of its dismissal and whom Mr Kabuki held his brief then and on the day before that.…

…There was a further affidavit which he swore and filed on the morning of 24th May, 1989, the date this application came for hearing.…

…DEFENDANT R U L I N G Under O.38 r 5 of the Civil Procedure Rules this court may at any stage of proceedings upon being satisfied either by Affidavit or otherwise that the defendant with intent to obstruct or delay the execution…

…The plaintiff swore an Affidavit to that effect and also called the witness who not only swore an Affidavit in further support but also gave Viva Voce evidence.…

…He has annexed an agreement to his affidavit which, according to him, verifies the dissolution of the said marriage.…

…The Plaintiff’s affidavit is categorical that a marriage under Taita Customary Law subsists between her and the 1st Defendant.…

…On that day the late Mr Githieya appeared for the plaintiff and Mr Jiwaji for the defendant, when Mr Jiwaji applied for an adjournment on the ground that he had been served with replying affidavit only a day before.…

…s chambers in Nairobi the matter was being dealt with by a Mr Raballa who resigned from Government service and thereafter the file seems to have remained buried somewhere in the archives since, according to the replying affidavit…

…The motion was supported by the Affidavit of the Applicant/plaintiff which essentially reiterated the grounds of the application by exhibiting the ruling Njoki J.…

…Even though the defendants were served and an Affidavit of service duly filed, they neither filed any responses nor attended court to oppose the application.…

…Mr A L R Shah, deponed in the affidavit in support of this application that he did not receive the hearing notice.…

…It is quite clear from the affidavit evidence before me and the record that the applicants were not personally to blame for their non-appearance and non-representation at the trial of this case.…

…In the instant case Mrs Chris Crounchey swore the applicants’ supporting affidavit in which she blames the defendant’s company secretary one Mr Ali Timmany or else the defendant’s first counsel Mr Taib for the situation in…

…Mr Taib in his affidavit deponed that he could not have filed a defence without the relevant instructions which were not forthcoming from Mr Issa Timmany who is said to be an advocate.…

…It is supported by an affidavit sworn on 1.9.93 by learned counsel for the applicant Mr Gikandi Ngibuini in which he deposes that he had studied the proceedings and judgment and was of the view that the appeal has overwhelming…