Search court decisions

…But in the replying affidavit sworn in this application by Mr Mwakiwiwi he deponed in paragraph 6 that he and the plaintiff’s counsel: “Had preliminary negotiations for settlement of the suit but such negotiations remained…

…Mr Mwakiwiwi who instructed Messrs Arum and Company Advocates to handle this particular file on the Council’s behalf has sworn his own (replying) affidavit.…

…The application is opposed vide a Replying Affidavit of Joan A. Ombudo dated and filed in court on 25th July 2012. The Respondent had also filed a Notice of Preliminary Objection dated 26th February 2012.…

…Affidavit sworn by Joan A.…

…However, in his replying affidavit sworn on 16th November, 1993, and filed on the same day Mr Malakwen states and we quote: “I have now seen the notice of motion dated 28th October, 1993, and an affidavit sworn by one Mr…

…Mr Josiah in his replying affidavit sworn on 16th November, 1993, and filed on the same day has stated that he was never served with any court order or at all in regard to this matter.…

…The application is opposed and grounds of opposition together with a replying affidavit have been filed. I also have submissions made by both learned counsel appearing.…

…The application is opposed through the replying affidavit made and sworn by H I, the 2nd respondent on the ground that during the hearing of the application before the lower court the applicant did not deny that the children…

…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.…

…The said application is opposed and I have the replying affidavit sworn by one Cyrus Kabiu Njungu the Distribution Manager (Design and Construction) of the plaintiff Company.…

…The defendant failed to file its replying affidavit and grounds of opposition to this motion.…

…February 1993 the plaintiff’s advocate Mr Kenzi, appeared before me and was able to establish that although the notice of motion had been served on Mr Abdullah, the defendants advocate who was then on record, there had been no replying…

…The plaintiff filed a replying affidavit to resist the summons.…

…The defendant finally swore in his affidavit in reply that the applicant has concealed his property with a view of defeating the plaintiff’s claim The provisions of order XX rule 11 (2) reads: “After the passing of any such…

…The application is supported by an affidavit sworn by the applicant to which the learned counsel for the plaintiff has sworn and filed a replying affidavit and grounds of opposition.…

…The defendant’s defence and replying affidavit present an aspect which is really hard to fathom.…

…On that application upon which the applicant did not file a replying affidavit, judgement was entered in terms of that application on 26th January 1988.…

…There was no replying affidavit from the respondents.…

…There was no replying affidavit to challenge the appellant’s affidavit evidence that it was not until 1977 that he became aware of that report.…

…The defendant’s advocate, Mr Wanyonyi Wafula Chebukati, has in turn sworn a replying affidavit on behalf of the defendant and in support of the defendant’s ground of opposition so that neither the plaintiffs nor the defendants…

…In paragraph 3 of the replying affidavit Mr Wanyonyi swears on behalf of the defendant that:- “That, the defendant hereof (sic) has filed an application for reference to be filed out of time and the said application has not…

…The landlord states in his replying affidavit that :- The lease was for one year from 2/6/88 at monthly rent of shs 5,500 payable two months in advance; that the lease agreement was renewed for a further period of one year…

…The applicant filed a replying affidavit on 26/2/91 in which he states that he is in physical possession of the premises and that the new tenant has not taken possession.…

…If counsel for the applicant argues that since Mr Chebseba had not filed grounds of opposition and replying affidavit to the application for summary judgment then he Mr Chebseba had no audience in law then the same thing…

…applies to the present counsel on record as he too has not filed a replying affidavit to that application.…

…This application was opposed by the Respondent, Counsel for the 1st defendant relied his client’s replying affidavit sworn on 1/9/2009.…

…The law is quite clear on this point, but in the instant case the defendant did not annex to his replying affidavit a single receipt or document showing that the rent per month was ever increased by the last about 10 years…

…In a replying affidavit sworn on 20.11.2001 by Eunice Kagane, the Deputy Director of the Deposit Protection Fund Board, the Liquidator of the plaintiff bank (in liquidation) details are given of the steps that have purportedly…

…receiver or for an account or for an injunction as prayed in the plaint .... “ With regard to the construction the defendant avers that he has obtained all the necessary plans and approvals: but he did not annex them to this replying…

…affidavit.…