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…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.…

….…… 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.…

…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…

…in the affidavits.…

…One Arthur Ndegwa, a surrogate of the Commissioner swore an affidavit which cannot be described as a simple affidavit.…

…There was an affidavit in reply or answer, sworn by the defendant on 17th September, 1987, and there were affidavits sworn by Helida Abuonj w/o Nungo Oluoch and by Benedict Oluoch which were also dated 17th September, 1987…

…All three affidavits had been sworn about a year before this dispute arose and were unconnected with it.…

…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.…

…The said application is supported by affidavits sworn by Mr Charles Mungui Maranga. The application is opposed and there are affidavits to that effect, sworn by Mr Akelola.…

…I bear in mind that as at this stage the only evidence I have is by way of affidavits and annextures. This evidence has not been subjected to crossexamination.…

…In support of this ground the Managing Director of the plaintiff one Horatius Da Gama Rose has sworn a supplementary affidavit on 6th November 1986.…

…In the affidavit of Robert William Fisher Armstrong sworn in opposition to the application and filed herein on the 7th November, 1986, it is deponed in paragraph 8 as follows- “8.…

…In paragraph 5 of the plaint and in two affidavits of Peter Ndungu Kimani the plaintiffs claim that they are all members of the 1st defendant society and have attached to those documents photostat copies of share certificates…

…The first defendant however denies this and in his affidavits of 9th February and 29th March 1989 the Chairman of the 1st defendant it is claimed that the share certificates and the numbers the plaintiffs claimed to have…

…This application is based on the affidavit sworn by the first plaintiff on the same day and annexed to the said application.…

…I bear in mind the affidavits of the parties on record and the submissions by both counsel.…

…I bear in mind that as at this stage I only have affidavit evidence that has not been tested under cross-examination.…

…This is the position taken by the Bank through its Chairman Mr Sio who has sworn an affidavit in these proceedings and the plaintiff.…

…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 an affidavit of Fredrick N.…

…There was a replying affidavit and grounds of opposition filed by the firm of messrs Nyachae and the contents of the supporting affidavit.…

…The application was supported by an affidavit of Fredrick N.…

…There was a replying affidavit and grounds of opposition filed by the firm of messrs Nyachae and the contents of 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.…

…It is not in dispute that the first respondent has not in all the pleadings, correspondents, affidavits and documents disclosed its physical address. Its only address is given as P. O. Box 88892, Mombasa.…

…XXXVI rule 3D of the Civil Procedure Rules – the Rules provides that: “3D (1) An application under section 38 of the Limitation of Actions Act shall be made by Originating Summons. (2) The summons shall be supported by an affidavit…

…Summons dated 28th October, 1991 which was subsequently amended on 13th February, 1992 and filed in the superior court on the following day and re-amended on 24th March, 1993 annexed to which was the requisite supporting affidavit…