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…He was taken through the pleadings and the affidavits with their annexures.…

…In his replying affidavit the defendant confirmed what he had put down in writing in his statement of defence. In paras 2 and 3 of that affidavit the defendant says: ‘2.…

…On May 10, 1979 the defendant’s advocate filed a summons for the setting aside of the ex parte judgment and filed an affidavit in support.…

…There is also an affidavit of the advocate briefed on behalf of the appellant dated July 25, 1979 for consideration.…

…The application is supported by a supporting affidavit of Paul Chemwono the Managing Director.…

…applies to the present counsel on record as he too has not filed a replying affidavit to that application.…

…From the affidavits filed respectively in support as well as in opposition of the application the following facts appear to have given rise to this litigation:- 1.…

…Further, an affidavit by the general secretary speaks of the decision to exclude the plaintiff, and ends by saying, “I verily believe that most members and officials are of the opinion that plaintiff ought to have accepted…

…Mr NP Vohra has not explained his actions in an affidavit.…

…Mr Mutungi’s affidavit dated August 22, 1984 does not say when the Bank came to know of the orders of Masime, J. But equally, and just as important, there is no denial of lack of knowledge before the sale.…

…The brothers united to swear an affidavit and a supplementary one in support of that summons and from it more relevant facts emerged. The estate was likely to be worth Kshs 541,295.45.…

…Kinuthia, for the relatives, stressed the absence of any replying affidavit. Finally, Mr. Muite explained this was because no directions had been obtained in this matter. Mr.…

…the deceased, it is shown at the bottom as having been amended on 1st November 1999, but the nature of the amendments have not been shown, as that as it way, the suit was filed in court sometime in March, 1997 From the affidavits…

…the deceased, it is shown at the bottom as having been amended on 1st November 1999, but the nature of the amendments have not been shown, as that as it way, the suit was filed in court sometime in March, 1997 From the affidavits…

…the deceased, it is shown at the bottom as having been amended on 1st November 1999, but the nature of the amendments have not been shown, as that as it way, the suit was filed in court sometime in March, 1997 From the affidavits…

…The learned counsels for the parties were content with facts disclosed by affidavits filed and their annextures, which facts I have substantially set out above.…

…It would be futile on affidavit evidence to decide which way the truth lies but it is clear that most of the transactions were within the knowledge of the petitioners.…

…The arbitrator(s) would have specific authority to investigate and enquire into the allegations of fraud and/ or misfeasance made in petition or in the affidavit in opposition in so far as any such allegations affect the…