Case law
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Division and case type: CivilCivil Appeal
…I have found that I cannot decide on such issues on affidavit evidence alone, I have to hear the oral evidence. ... I will now go ahead and hear oral evidence in this case.".…
…that the proceedings should for any reason be continued as if the cause had been begun by filing a plaint, it may order the proceedings to continue as if the cause had been so begun and may, in particular, order that any affidavits…
Division and case type: CivilCivil Case
…Consequently prior to the hearing hereof, the parties by consent agreed to have the affidavits by the drivers of the vehicles to be treated as evidence in this case.…
…The plaintiff in addition to the affidavit evidence and evidence in the lower court called three witnesses while the defendant called 1 witness.…
Division and case type: CivilCivil Case
…Consequently prior to the hearing hereof, the parties by consent agreed to have the affidavits by the drivers of the vehicles to be treated as evidence in this case.…
…The plaintiff in addition to the affidavit evidence and evidence in the lower court called three witnesses while the defendant called 1 witness.…
Division and case type: CivilCivil Appeal
…The appellant explained the grounds of his absence in support of his application in the affidavits he swore on November 30, 1981, and April 13, 1983.…
…The first affidavit was in support of the application filed by DM Mareka, advocate, but withdrawn on March 3, 1983, and the second affidavit was in support of the renewed application which the appellant himself filed in April…
Division and case type: CivilMiscellaneous Application
…Mr Mutai did not also annexe a copy of such a letter to his replying affidavit.…
…He neither annexed to his affidavit any letter of authority from the District Commissioner nor depone in the replying affidavit that he was the Chairman of the Manyatta Divisional Land Control Board through appointment by…
Division and case type: CivilMiscellaneous Application
…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.…
Division and case type: CivilCivil Appeal
…In a subsequent affidavit sworn by Mr. Mohamed on 7th October, 2004, he admitted, as contended by Mr.…
…In response to the matters deponed to above, an affidavit in reply was sworn by a Manager of Aberdare, Mr.…
Division and case type: CivilCivil Case
…The application is supported by an affidavit sworn by Mr. Gitobu Imanyara, Advocate who appeared for the Applicant. There are several annexures to the affidavit. I have perused them all.…
…The respondents are relying on two replying affidavits, one sworn by the Chairman of the First Respondent and the other by the returning officer, the Second Respondent.…
Division and case type: CivilCivil Appeal
…Clearly there existed triable issues in this case not the least of which was as to the acreage of the land offered for settlement as the Affidavits and exhibited correspondence filed in the High Court in support of and against…
…However, the Affidavits and the letters exchanged between the representatives of the parties produced before the High Court during the hearing of the Notice of Motion disclosed a divergence of views about the acreage.…
Division and case type: CivilORIGINATING SUMMONS
…The application is supported by an affidavit sworn by Mr. Gitobu Imanyara, Advocate who appeared for the Applicant. There are several annexures to the affidavit. I have perused them all.…
…The respondents are relying on two replying affidavits, one sworn by the Chairman of the First Respondent and the other by the returning officer, the Second Respondent.…
Division and case type: CivilCivil Appeal
…This is well supported by documentary evidence which were annexed to his supporting affidavit dated 13th of June, 1991.…
…dated 17th of June, 1991: 11) THAT paragraph 8 of the applicant’s affidavit is denied except to add that the applicant who was my friend then agreed on a grace period ending November, 1990 and payment to begin on instalments…
Division and case type: CivilCivil Appeal
…My hunch is that counsel for the Appellant who had not filed replying affidavits or grounds of opposition to those applications was not ready to argue them and instead of saying so he asserted that the matter had been stayed…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Appeal
…Two affidavits in support of the motion inter alia deponed that the High Court of Kenya had no jurisdiction to entertain the two suits.…
…DELAYS IN COURTS OF BOMBAY By his affidavit the plaintiff’s director was asking the court to take judicial notice of a notorious fact which was within his own knowledge.…
Division and case type: CivilCivil Appeal
…The replying affidavit filed on behalf of the appellant in opposition to the respondent's application was sworn by it's sales manager, one Mungaithi.…
…It is a detailed affidavit and among the annextures to it are copies of the dishonoured cheques.…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Suit
…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.…
Division and case type: CivilCase number Civil Application
…In his affidavits in support of the present application the advocate of the Applicants had deponed that in his view, the notice of appeal was not competent and could not be served on the Respondent, until it had been signed…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Suit
…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…