Search court decisions

…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.…

…The application is supported by an affidavit sworn on 11.7.2001 by Dipak Panachand Shah the 2nd defendant, which sets out the facts on which the applicants rely.…

…In that regard, the matters deponed to in Eunice Kagane’s affidavit such as:- 1. Forwarding 5 draft orders for approval (paragraph 6 of the affidavit). 2.…

…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.…

…For the prosecution case to succeed, it was incumbent upon the prosecution to prove that each and every averment of fact contained in the affidavit of the appellant complained of was false and in particular as regards of…

…As I have already stated, the appellant stood by each and every event of fact in his affidavit.…

…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.…

…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.…

…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.…

…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.…

…What happened was that on the 19th November 1991, Police Inspector Dominic Mwaniki attached to Divisional CID Headquarters Kisumu swore an affidavit and had it filed in the Principal Magistrate’s Court making certain allegations…

…Instead of the learned magistrate giving John Opiyo Arunga a copy of the affidavit of Inspector Mwaniki to see the allegations or instead of the magistrate allowing John Opiyo Arunga to read or to be told the contents of…

…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.…

…The notice of appeal was filed on July 4, 1990 within the prescribed time and although the affidavit in support (the affidavit) by Mr.…

…Akhaabi collected the papers in December, 1992 (paragraph 6 of the affidavit) when he found out that the second applicant had died.…

…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.…

…Supported by prior affidavit of the applicant.…

…I have considered the application as well as the affidavit in support and the submissions by counsel for the applicant and the learned state counsel and it can’t be said that this application lacks in merit which the applicant…

…The application is also supported by the applicant’s 32 paragraphs supporting affidavit, whose contents I find unnecessary to set out herein; in view of the nature of the instant applicant.…

…It is clear from the foregoing that it is not necessary to resort to filing of affidavits and submissions in support of or in opposition to an application for revision.…

…The oral application made by the children’s officer, without any affidavit in support denied the appellant an opportunity of challenging the whole proceedings. The procedure adopted was wrong.…

…In any other case an application had to be made supported by an affidavit. The conviction of the appellant was unprocedural and most unsafe and cannot be allowed to stand.…

…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.…

…The Notice of Motion was supported by the affidavit of Kiraitu Murungi sworn on December 1, 1986.…

…In paragraph 13 of his affidavit, Mr Kiraitu set out in detail what the appellant had said about that ill-treatment.…

…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.…

…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.…