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…suit and the position that at this stage, the only evidence to suggest that the fifth to the eighth plaintiffs are the ones described in the libel is the following rather weak and inconsequential assertion contained in the affidavit…

…In his affidavit in support of the application the appellant deponed thus. His suit was set down to come for hearing on 29th and 30th November, 1994.…

…The first respondent does not appear to have filed a replying affidavit but it filed grounds of opposition to the effect that the application lacked merit, was filed purposely to buy time, was intended to deny the 1st respondent…

…Nyakeno in his submission before me and in his own affidavit. It is clear that when the applicants came to know of the judgment it was their clear intention to appeal against that judgment of the superior court.…

…She claims in her affidavit that the portion of land she wants registered in her name is demarcated on the ground with a fence and that she had planted trees, fruit trees and other permanent improvements and planted various…

…The first Defendant filed a replying affidavit in which he denied all that the Plaintiff had alleged rearding title to the land. Although learned counsels handling this suit for the parties, Dr.…

…In his view such a matter requires the calling and examination of witnesses or the adduction of affidavit evidence.…

…The application for amendment was based on the affidavit of first plaintiff who simply deponed to what transpired before the learned judge on 6th and 7th November, 1990 and stated that in consequence of such order and as…

…The learned judge was, in my view right when he said that the plaintiffs had to show how the amount of special damages was calculated either in 'amended' plaint or affidavit.…

…Further the respondent/applicants/plaintiff state that they had already been issued with the notification of approval of development permission granted on 26.5.2003.The applicants/respondent/defendant stated in the replying affidavit…

…Mr Hewitt for the plaintiff argued that the agreement marked “A” annexed to the affidavit of Mukesh Kanji Rupshi Shah, a partner in the firm of Price Waterhouse Certified Accountings sworn in support of the plaintiff’s application…

…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.…

…In his affidavit in support of the application, he refers to the fact that he has filed a High Court civil suit against Kenya Commercial Bank Ltd; in a bid to recover his land, which was sold by the Bank by way of public…

…XXXVI rule 3C of the Civil Procedure rules which reads. "3C(1) An application under section 27 of the Limitation of Actions Act made before the Filing of a suit shall be made ex-parte by Originating summons supported by affidavit…

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

…- Although the 1st Plaintiff substantially replied to theaverments of facts by the Defendant in his supporting affidavit, Iobserve that there was no attempt made to specifically deny theallegation of bad faith and ill-will…

…On April 17, 1980 the appellant Karuru swore an affidavit in which he stated that he was the registered owner of parcel No 410 that he had proposed to sub-divide it and sell four acres to Mr Joseph Ndumia Murage for the total…

…In his affidavit in support of the application, he refers to the fact that he has filed a High Court civil suit against Kenya Commercial Bank Ltd; in a bid to recover his land, which was sold by the Bank by way of public…

…This appeal raises a very important issue of law, namely whether on the facts contained in the affidavit of Bernard Mutonga Mbithi (the appellant sworn on 18th September 1991, he was entitled to be given leave to bring an…

…In his affidavit in support of the chamber summons he deponed that he believed that he could not institute a common law claim against the respondents before the decision of the inquest which was held to establish the persons…

…In his ruling he said, in pertinent part, as follows: “There are no genuine triable issues regarding the tenancy raised by the respondent in his dispute and in his affidavit.…

…In his ruling he said, in pertinent part, as follows: “There are no genuine triable issues regarding the tenancy raised by the respondent in his dispute and in his affidavit.…

…In his ruling he said, in pertinent part, as follows: “There are no genuine triable issues regarding the tenancy raised by the respondent in his dispute and in his affidavit.…

…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…