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…One Mwangi Mbuthia, the advocate for the applicant, has sworn a supporting affidavit and he explains the delay by saying that they were looking for some criminal proceedings which they thought were necessary to enable them…

…It is supported by the affidavit of learned counsel for the Appellant, Mr. Lumatete Muchai sworn on the 22nd of June, 1995.…

…It is supported by the affidavit of learned counsel for the Appellant, Mr. Lumatete Muchai sworn on the 22nd of June, 1995.…

…A long affidavit in support by one Juma, the Chairman (the 1st Appellant) and Chairman of the 2nd Appellant was filed.…

…Nzei deponed to in her supporting affidavit. There was a prayer similar to the first application that all the Appellant's properties attached in suit No. 303/95 be released but that the Respondent or his counsel Mr. P.…

…Mr Khanna complains that the affidavit in support lacks particulars. It would of course have been as well to have included them.…

…A long affidavit in support by one Juma, the Chairman (the 1st Appellant) and Chairman of the 2nd Appellant was filed.…

…Nzei deponed to in her supporting affidavit. There was a prayer similar to the first application that all the Appellant's properties attached in suit No. 303/95 be released but that the Respondent or his counsel Mr. P.…

…In a supporting affidavit the plaintiff has explained that the land in dispute measures 15 acres, that he inherited it from his father, it is situated near River Tana and he has planted bananas, sugarcane and mango trees.…

…The result of the foregoing is that the without prejudice correspondence which the applicant annexed to his supporting affidavit is inadmissible. Accordingly the preliminary objection succeeds.…

…Para (3) of the supporting affidavit, Owegi averred that he had furthermore written to the Attorney General on August 3, 1984 requesting him about what action he the Attorney General intended to take.…

…The Application is supported by the affidavit of the second defendant.…

…The application is supported by an affidavit sworn on 11.2.89 by David Bornstein, the defendant’s company General Manager.…

…These grounds are set out in an affidavit which was sworn by themselves.…

…The respondent having filed an affidavit to the effect that in the case of each detainee notification of his detention had been duly published in the Gazette within 14 days as required by section 83(2)(b) of the Constitution…

…In her affidavit and submissions before us in support of the application Mrs Dias stated that on receipt of the letter from the appellant she approached the Deputy Registrar of this Court to find out which judges would hear…

…The correspondence and the affidavit together with the submissions of Mrs Dias are deficient in substance. It is worthy of note that when we pointed out this to Mrs Dias she feebly attempted to withdraw the application.…

…The averments in the plaint dated 13th May, 1994 and in the affidavit in support of the application for the interim injunction were to the effect that on or about 26th November, 1991 the appellant entered into a sale agreement…

…The averments in the plaint dated 13th May, 1994 and in the affidavit in support of the application for the interim injunction were to the effect that on or about 26th November, 1991 the appellant entered into a sale agreement…

…The respondent has sworn no affidavit to this effect, and there is therefore no explanation for this delay.…

…In paragraph 3 of his supporting affidavit Mr Shah for the applicant has cited 2 instances which undoubtedly show that the plaintiff has already been unable to satisfy 2 court decrees passed against him and it is clear that…

…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…

…The applicant has further deponed by his affidavit in support of the motion that he stands to suffer greatly because of the mistake of his advocate and so in the interest of justice the application ought to be allowed.…