Case law
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Division and case type: GeneralUnclassified
…APPLICATION NO.NAI. 214 OF 1998 BETWEEN NATIONAL CEREALS & PRODUCE BOARD.......................APPLICANT AND ALBERT ONGARO..........................................RESPONDENT R U L I N G I have read the notice of motion and the affidavit…
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: GeneralUnclassified
…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.…
Division and case type: GeneralUnclassified
…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…
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: 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: 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: 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: GeneralUnclassified
…The applicant is also granted leave to file a further replying affidavit incorporating the Notices of Appeal so filed. We make no order as to costs. Made at Nairobi this 3rd day of June, 1999. J. E.…
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.…
Division and case type: GeneralUnclassified
…Gaturu, counsel for the respondent, has by a comprehensive replying affidavit, shown detailed steps he has undertaken so far which have culminated in his lodging the appeal which has been registered as C.A.…
Division and case type: GeneralUnclassified
…None was alleged either in the Notice of Motion or in the supporting affidavit. Mrs. Ngugi, however, strongly urged that the discretion under rule 4 is unfettered. This is true.…
Division and case type: CriminalMiscellaneous Criminal Application
…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…
Division and case type: CriminalCriminal Case
…The application was based on the supporting affidavit of Esther J. Keror filed on 11.11.2013 and the grounds set out in the application as follows: 1.…
Division and case type: CriminalCriminal Case
…The application was based on the supporting affidavit of Esther J. Keror filed on 11.11.2013 and the grounds set out in the application as follows: 1.…