Case law
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Division and case type: CriminalCriminal Appeal
…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.…
Division and case type: CriminalCriminal Appeal
…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.…
Division and case type: CriminalMiscellaneous Criminal Application
…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…
Division and case type: FamilySuccession Cause
…The parties were directed to file further affidavits to propose such distribution. After that the cause was heard on submissions based on the affidavits on record.…
…But in view of the production of the aforesaid affidavit, which is not disputed by the Objector, the fate of the Kiambu property was sealed by the last wish of the deceased.…
Division and case type: FamilySuccession Cause
…The application is further supported by the applicant’s affidavit dated 9th August, 2011. The applicant in her affidavit has deponed that the deceased left behind several properties one of them being L. R.…
…The respondent filed a Replying Affidavit on 26th August, 2011 in response to the applicant’s application.…
Division and case type: FamilySuccession Cause
…I have read the supporting affidavit and the grounds of opposition dated and filed on 31st October, 2008.…
…No discovery of such new and important matter or evidence is pleaded in the grounds on the face of the application or in the supporting affidavit.…
Division and case type: FamilySuccession Cause
…Kinyanjui Advocate and have sworn affidavits sworn on 21/10/03, 20/8/99 and 29/12/99.…
…It is not disputed at all in the affidavits that the applicant was a son and survivor of the deceased.…
Division and case type: CriminalCriminal Case
…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.…
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: FamilySuccession Cause
…John Maguru Njoroge, the Respondent herein, filed an affidavit of Protest to oppose the Summons. The dispute was heard by Hon. J. Gathuku, learned Resident Magistrate.…
…By his ruling delivered on 20th April 2009, the learned Resident Magistrate proceeded to confirm the grant on the terms of the affidavit of Protest. In other words the only asset of the Estate i.e. L.R. NO.…
Division and case type: CriminalCriminal Appeal
…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.…
Division and case type: CriminalCriminal Appeal
…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.…
Division and case type: CriminalCriminal Appeal
…In that regard, the 2nd plaintiff, who has sworn the affidavit in support of the application, depones that she and her husband were out of the country on the date the purported proclamation was made and there was therefore…
…In his affidavit, he acknowledges that he had to peep through the window in order to have a glimpse of the inside of the house.…
Division and case type: FamilySuccession Cause
…The application was supported by an affidavit sworn by Terry C.…
…The petitioner, William Kiprop Komen opposed the application and filed an affidavit sworn on 18th May, 2004.…
Division and case type: CriminalCase number Criminal Revision
…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: CriminalCase number Criminal Revision
…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: FamilySuccession Cause
…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: CriminalCriminal Case
…This application is supported by the grounds stated on the body thereto and the matters disposed to in the Supporting Affidavit sworn by the applicant. 2.…
…This application was opposed by the Respondent, Counsel for the 1st defendant relied his client’s replying affidavit sworn on 1/9/2009.…
Division and case type: FamilySuccession Cause
…This application is supported by the grounds stated on the body thereto and the matters disposed to in the Supporting Affidavit sworn by the applicant. 2.…
…This application was opposed by the Respondent, Counsel for the 1st defendant relied his client’s replying affidavit sworn on 1/9/2009.…
Division and case type: CriminalCriminal Appeal
…In his supporting affidavit Mr. Gross, learned counsel for the applicant, freely, and quite properly, admits that the exclusion of a certified copy of the order from the record of appeal was entirely his own fault.…