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…Mr Satchu, on behalf of the respondents, said that this affidavit was filed during the adjournment on February 14.…

…It is clear that directions should have been given on the trial of issues arising from the affidavits, and Mr Kiamba would not have been rushed into this foolhardy statements, which did not tally with this client’s affidavit…

…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.…

…Infact the suit was listed contrary to the deponment by Mr Mbugua in his affidavit dated 17th May 1990.…

…Indeed a copy of the cause list which they have annexed to the supporting affidavit has the case first on the list of matters which were listed before me. That excuse does not avail the applicants.…

…The appeal record does not have any affidavit in reply from Rucathi to any of this.…

…There seems to have been no affidavit or evidence in any other form in reply to all this. When this summons came before the judge Mr Ngubuini appeared for Gathigia and Mr Ole Kaparo for Ruchathi.…

…The application was supported by an affidavit of Fredrick N.…

…There was a replying affidavit and grounds of opposition filed by the firm of messrs Nyachae and the contents of the supporting affidavit.…

…The application was supported by an affidavit of Fredrick N.…

…There was a replying affidavit and grounds of opposition filed by the firm of messrs Nyachae and the contents of the supporting affidavit.…

…The application was supported by the affidavit of Peter Njenga, the plaintiff himself.…

…longer employed by the 2nd respondent and therefore has no control over the affairs of that company his fear is that that company might be using his title deed to make further borrowings see paragraph 17 of Peter Njenga’s affidavit…

…The originating summons was supported by an affidavit which set out in detail the grounds for the application.…

…. (3) Any such application made after the filing of a suit shall be made ex-parte by summons in that suit supported by affidavit.…

…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…

…It was supported by the groundS stated on the body of the application and also the affidavit deponed to by the applicant’s counsel.…

…The ground on the body of the application and the supporting affidavit were simply that pursuant to the court order dated 17th May 1993 counsel for the appellant deposited into court Kshs.10,000/= each in respect to HCCA…

…By his supporting affidavit he claims that the said motor vehicle is his property as evidenced by the log book annexed to it as Exh F.…

…The objector avers in paragraphs 6 and 7 of his affidavit as follows: “6: That at the time of attachment of the said vehicle the late Paul Njenga who was a family friend had borrowed the said motor vehicle as being an officer…

…The respondent Steelcord Tyres Limited, as the defendant in the suit did not file any grounds of opposition, or any affidavit in reply. They had however filed a defence denying the plaintiff’s claim.…

…In support of the application the plaintiff swore one affidavit. To it he attached several copies of documents. The first one is a copy of the dishonoured cheque.…

…The application was supported by an affidavit deponed to by the applicant and filed herein together with the same.…

…The case was heard in court on 5th July, 2000, 19th July 2000, 11th October, 2000 and 18th october, 2000 with the plaintiff repeating as nearly as possible the facts he deponed to in the supporting affidavit and repeated…

…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.…

…The affidavit of the applicant in support of the former originating summons showed that the applicant there as in the instant originating summons, based his claim on adverse possession.…

…The issue of whether possession “since 5.7.1976” (as he says in paragraph 6 of his present affidavit) was adverse possession, was not, and could not be before Mr Justice Joseph Butler – Sloss in the 1979 case.…

…The application was supported by the affidavit of John Macharia Muhuni, counsel who had the conduct of the suit at the time of its dismissal and whom Mr Kabuki held his brief then and on the day before that.…

…There was a further affidavit which he swore and filed on the morning of 24th May, 1989, the date this application came for hearing.…

…in the affidavits.…

…One Arthur Ndegwa, a surrogate of the Commissioner swore an affidavit which cannot be described as a simple affidavit.…

…This default is admitted by the appellant in his replying affidavit.…

…This default is also admitted by the appellant in his replying affidavit although he says that he has put the matter right by filing a supplementary record of appeal containing those documents.…

…The supporting affidavit of this application does not support way of the orders sought.…

…For instance, no affidavit evidence has been adduced to show that the respondent has failed to take an essential step in resect of its appeal.…