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…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.…

…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.…

…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.…

…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 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.…

…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.…

…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.…

…The application was supported by an affidavit deponed to and signed by the applicant’s counsel Mr G B M Kariuki which comprised of 25 paragraphs. There was however, no replying affidavit from the respondent.…

…In paragraph 8 of the supporting affidavit counsel complained that the lower court failed – (a) to frame the charge, (b) to read over and explain to the applicant and his co-accused the charge so framed and to inform them…

…The Application is supported by an affidavit sworn by Wilfred Nyamu, an advocate of the High Court of Kenya and seized with the conduct of the matter on behalf of the Petitioner. 3.…

…not suffer any prejudice if the orders are not granted and therefore urged the Court not to grant the orders sought. 13.The 2nd Respondent, The Director of Public Prosecution in reply to the Application filed a Replying Affidavit…