Case law
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Division and case type: Constitutional and Human RightsElection Petition
…And in a replying affidavit sworn on 20.6.1998, Mr.…
…In the replying affidavit sworn by Mr. Salim Danji on 30.6.1998, no reference is made in paragraphs 1 and 2 of Mr. Kaptens affidavit.…
Division and case type: Constitutional and Human RightsPetition
…caused to the petitioner by reason of the delay in the filing of the said affidavit.…
…It was that the company had not filed affidavit in opposition. In certain circumstances verifying affidavit may provide evidence upon which a winding up may be granted.…
Division and case type: Constitutional and Human RightsPetition
…There is evidence (oral and affidavit ) to show that as at 1st August, 1986 the company was indebted to the Petitioner, for moneys lent and advanced, in the sum of shs 946,615/70 and that on 22nd September, 1986 the necessary…
…Those are the claims contained in the affidavit sworn on 28th July, 1987 by John Joseph Kinyanjui, a director and major shareholder of the company.…
Division and case type: Constitutional and Human RightsElection Petition
…The application is supported by the supporting Affidavit of the petitioner in which he deposed as follows; (i) THAT I am the Petitioner/Applicant herein hence competent to swear this Affidavit.…
…(iv) THATI reiterate in full the contents of my Affidavits respectively filed in response to the Affidavit sworn in support of the Petition herein, the.…
Division and case type: Constitutional and Human RightsElection Petition
…The application is supported by the supporting Affidavit of the petitioner in which he deposed as follows; (i) THAT I am the Petitioner/Applicant herein hence competent to swear this Affidavit.…
…(iv) THATI reiterate in full the contents of my Affidavits respectively filed in response to the Affidavit sworn in support of the Petition herein, the.…
Division and case type: Constitutional and Human RightsPetition
…I have perused the exhibits marked “NJMM I” annexed to the affidavit of Mr Nelson Joel Manyeki Mainnah of the creditor Bank sworn on 25/2/91.…
…In para 13 – 23 of the debtors affidavit sworn on 19/2/91, the debtor has made some serious accusations against process server.…
Division and case type: Constitutional and Human RightsConstitutional Petition
…Paragraphs 4-6 of the Petitioner's affidavit of 15th September 2011 in support of the Petition sets out the factual background from the petitioner's perspective as follows: “4.…
…My grandmother died on 26/5/2005 after she had already executed the transfer marked as “AMM3” in the affidavit in the support of the Petition. ii.…
Division and case type: Constitutional and Human RightsPetition
…On14th March, 1989, Mr A.A.K.Esmail for the Creditor filed his affidavit stating that on 25th February, 1988, the creditor, sued the debtor in High Court Case No 696 of 1988 for possession of premises known as L.R. 37/142…
…The other point raised by Justus Kalinga in his further affidavits that this petition cannot be determined until the final determination of the said appeal.…
Division and case type: Anti-CorruptionCivil Suit
…His clients had however, sworn affidavits in opposition of the application. From the affidavit evidence before me it is clear that the respondents have an interest and rights over the suit property.…
…They have deponed in their affidavits that Kigotho Kabiru Njuguna (under Kigotho) who the applicants allege is their landlord, has no interest or rights over the property.…
Division and case type: Constitutional and Human RightsPetition
…The petition was duly verified by an affidavit of a Director of the petitioner. The company filed a replying affidavit on 12th June 1996. That affidavit was worn by A.N. Kilonzo, the Company’s General Manager.…
Division and case type: Constitutional and Human RightsConstitutional Petition
…In support of the motion is an affidavit sworn by Simeone Saromae on 28.10.2020 filed in Court on 30.10.2020 in which he states interalia that: (1). That on 29.3.2020 the Learned trial Magistrate Hon. W. K.…
…It follows from the affidavit evidence that the applicant could not proceed to file an appeal from a Judgment he was not made aware of its existence.…
Division and case type: Constitutional and Human RightsPetition
…In his affidavit in support of the application, the applicant has deponed that both the respondents are his estranged wives. That the ten (10) children are not his.…
…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.…
Division and case type: Constitutional and Human RightsPetition
…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.…
Division and case type: Constitutional and Human RightsConstitutional Petition
…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.…
Division and case type: Constitutional and Human RightsElection Petition
…Mr P Nowrojee, assisted by Mr D Maanzo argued this application as per the eleven (11) grounds set out, supported by the 1st respondent’s affidavit and with reference to the authorities that both sides put forth.…
…Mr Mbaya concurred with Mr Nowrojee in most of the above, save to add that the petitioner in his affidavit seeking orders for substituted service had admitted that he had not served the petition in the 28 days from the day…
Division and case type: Constitutional and Human RightsPetition
…The Chamber Summons is supported by a statutory statement, a verifying affidavit and supporting affidavit, all dated 123rd November 2007 and sworn by the Applicant.…
…The Affidavit does not demonstrate how the Respondents so acted. It is not enough first to make unsubstantiated allegations.…
Division and case type: Constitutional and Human RightsPetition
…The Chamber Summons is supported by a statutory statement, a verifying affidavit and supporting affidavit, all dated 123rd November 2007 and sworn by the Applicant.…
…The Affidavit does not demonstrate how the Respondents so acted. It is not enough first to make unsubstantiated allegations.…
Division and case type: Constitutional and Human RightsPetition
…This petition was grounded on her affidavit in which she depones that in addition to herself the deceased was also survived by their seven children, five daughters and two sons.…
…Sarah had sworn an affidavit previously on 10/5/89.…
Division and case type: Anti-CorruptionMiscellaneous Criminal Application
…Mr Chunga in particular referred to paragraphs 4, 5 and 6 of the affidavit as being totally hearsay, the Court does not act upon hearsay evidence he said.…
…A great deal of time was spent on arguing that the respondent had not filed an affidavit in reply.…
Division and case type: Constitutional and Human RightsJudicial Review
…The ex-parte applicant, in his affidavit in support of the application, deposed that he is the registered proprietor of the suit land.…