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…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.…

…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.…

…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.…

…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 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.…

…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.…

…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…

…In order to rule on this the Court will have to call for affidavits of means from each side stating the income and expenditure in terms of s 25 (2) of the Matrimonial Causes Act cap 152 Laws of Kenya.…

…The motion is supported by the affidavit of the first respondent (hereinafter referred to as “Chiaba”) in which he swears to the fact that he was not served personally or at all.…

…It is suprising therefore that the supporting affidavit says nothing of having seen these documents. It is absolutely silent.…

…The 2nd respondent’s motion was filed by Mr James Orengo, his advocate, who also swore an affidavit in support thereof.…

…So come the hearing day of the 2nd respondent’s motion, and the Court has before it an affidavit of service by one Mr Venant Mwakio Irina sworn on 25.1.93.…