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…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…

…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.…

…He dealt with the position taken by the respondents and called it false and incorrect, and their replying affidavit as nothing more than an exercise in damage control.…