Case law
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Division and case type: CivilCivil Appeal
…In his affidavit in support of the application, the respondent alleged that he has been in continuous possession and occupation of the suit property since January, 1976 and that his possession has been hostile and adverse…
Division and case type: CivilCivil Appeal
…The plaintiff to have leave to serve the plaint, chamber summons and affidavit.”…
Division and case type: CivilCivil Appeal
…By that chamber summons (which with the affidavit and annextures amounted to some 134 pages) the plaintiff sought Orders to restrain the defendant from realizing the guarantee issued by the Standard Chartered Bank Limited…
Division and case type: CivilCivil Appeal
…Further the undated affidavit in support of the application does not comply with the provisions of Order XVIII of the Civil Procedure Rules.…
Division and case type: CivilCivil Appeal
…Nduhiu’s affidavit of August 20, 1979 in support set out the reasons for this. The cause list of the High Court in Nyeri indicated the action was for mention only.…
Division and case type: CivilCivil Appeal
…Further the undated affidavit in support of the application does not comply with the provisions of Order XVIII of the Civil Procedure Rules.…
Division and case type: CivilCivil Appeal
…The second of these grants is annexed to Bhavin’s supporting affidavit and is in his favour, as follows:- “To commence carry on or defend all actions and other proceedings touching the properties or any part thereof and affairs…
Division and case type: CivilCivil Case
…If it is drawn to the attention of the court, by affidavit or otherwise, that a caution has been entered when it ought not to be, then the court can order it to be vacated forthwith.…
Division and case type: CivilCivil Appeal
…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…
Division and case type: CivilCivil Appeal
…On 26th April, 1994, the advocate for the first, third and fifth appellants filed a notice of preliminary objection and an affidavit sworn by the second appellant, in opposition to the Mayor’s application.…
…On 11th when the case came before Githinji J, for the first time, Mr Ngatia is recorded as having told the judge: “We did not file a replying affidavit to the Chamber Summons but we have filed a defence .....…