Case law
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Division and case type: CivilCivil Appeal
…This default is admitted by the appellant in his replying affidavit.…
…This default is also admitted by the appellant in his replying affidavit although he says that he has put the matter right by filing a supplementary record of appeal containing those documents.…
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: 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: CivilCase number Civil Application
…The respondent did not file any replying affidavit but Mr. Majanja who appeared for it opposed the application on procedural aspects. Mr.…
…Majanja’s argument is based on facts not deponed to in any affidavit as there is no replying affidavit asserting those allegations.…
Division and case type: CivilMiscellaneous Application
…The 1st Respondent in her replying affidavit sworn on behalf of the 2nd to 6th respondent state that she was the wife of the deceased’s late son and that the property mentioned by the applicant was distributed to the respondent…
…The administrator of the estate also swore a replying affidavit stating that the grant of letter of administration was confirmed on 19/5/1993 and that about 21 years have lapsed since the issuance of the confirmed grant and…
Division and case type: CivilCivil Suit
…The 1st Respondent in her replying affidavit sworn on behalf of the 2nd to 6th respondent state that she was the wife of the deceased’s late son and that the property mentioned by the applicant was distributed to the respondent…
…The administrator of the estate also swore a replying affidavit stating that the grant of letter of administration was confirmed on 19/5/1993 and that about 21 years have lapsed since the issuance of the confirmed grant and…
Division and case type: CivilCivil 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.…
…The defendant corporation has filed a replying affidavit dated 19th October, 1993. It raises three issues. The first one is one of jurisdiction which I have already dealt with.…
Division and case type: CivilMiscellaneous Application
…Gaturu, counsel for the respondent, has by a comprehensive replying affidavit, shown detailed steps he has undertaken so far which have culminated in his lodging the appeal which has been registered as C.A.…
Division and case type: CivilCivil Case
…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 Appeal
…In its replying affidavit in opposition to the respondent’s application for summary judgment dated 18th March, 1992 the appellant denied having received this letter claiming that the initials on the delivery note did not…
…affidavit mentioned above.…
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: 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 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 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: 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 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 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: 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…