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…………………………….DEFENDANT RULING There being no denial by the Defendant/Respondent that the cheques on which the applicant’s account was debited did not belong to the plaintiff/applicant as deposed in paragraphs 5 – 9 of the affidavit…

…The Advocate for the Plaintiff JAMES GITAU SINGH filed a Replying Affidavit dated 14th July, 2008.…

…The Applicant has filed a supplementary affidavit in response to the replying affidavit. The affidavit is sworn by the Defendant’s Advocate, JAMAL, dated 25th September, 2008. I have considered its contents.…

…The application is supported by an affidavit sworn on 11.7.2001 by Dipak Panachand Shah the 2nd defendant, which sets out the facts on which the applicants rely.…

…In that regard, the matters deponed to in Eunice Kagane’s affidavit such as:- 1. Forwarding 5 draft orders for approval (paragraph 6 of the affidavit). 2.…

…Hannah’s affidavit in support of the application for Revocation was sworn on 17th September 1997 Hannah swore a further affidavit on 6th February 1997. The same was filed in court on 11th February 1998.…

…Hannah’s counsel submitted in reply that Hannah’s further affidavit already referred to, denied the fact of the deceased’s brother having owned property jointly with the deceased.…

…The application is supported by an affidavit sworn on October 2, 2000 by Michael J Iseme, an advocate of this Honourable Court and a partner in the firm of Iseme, Kamau & Maema Advocates, which said firm is on record for…

…In opposing the application, the respondent has deponed in his affidavit sworn on October 5, 2000 that the defendant has offered no explanation as to why it failed to make an appearance or to file a defence within the prescribed…

…Supporting Affidavit of AGNES NDINDA MALUNDU sworn on the 12th January 2012 filed on the 19th January 2012 (hereinafter referred to as “the Plaintiff’s Supporting Affidavit”). ii.…

…Further Affidavit sworn by the same AGNES NDINDA MALUNDU sworn on the 27th September 2012 filed on 28th September 2012 (hereinafter referred to as “the Plaintiff’s Further Affidavit”). 3.…

…The application is supported by an affidavit sworn by applicant John Warui. The suit between the two parties arises from a Hire Purchase Agreement entered into by them on October 8, 1997.…

…In the affidavit in reply to the application, it is deponed that as at April 27, 2000 the applicant was in arrears of Kshs 1,896,075.…

…The application is supported by an affidavit sworn by the plaintiff. That affidavit elaborates the above grounds. The application is opposed and there is a replying affidavit sworn by Mohamud Ahmed Mohamud.…

…The affidavit has numerous annextures including copies of a certificate of Title of the suit property, pleadings in HCCC No.82 of 2006 between Matex Commercial Supplies Ltd and the defendant, a Ruling of Warsame J in the…

…The application is supported by the annexed affidavit of Abid Ali Hashim, the applicant. The application is opposed. Antony Kihonge Muhia swore a replying affidavit in opposition to the application.…

…In the said affidavit, he deponed that the Nairobi Chief Magistrate’s court had jurisdiction to hear and determine the suit since he had initially purchased the motor vehicle from a motor vehicle dealer in Nairobi.…

…The application is supported by an affidavit sworn on 7.9.2001 by Hasmukh Kanji Patel a director of the plaintiff company which shows that the claim by the plaintiff against the defendant arises from goods said to have been…

…The same affidavit further reveals that when payment for the goods was not forthcoming, the plaintiff’s advocates demanded payment of the amount due being Shs.1,586,735.50, to which demand the defendant responded as follows…

…According to the annexures to Flynn’s affidavit Ashford issued the defendant with a credit note in respect of the fungicide for Kshs 991,750 (dated August 28, 1984) and another credit note for Kshs 623,125 (dated August 25…

…It is not clear from Flynn’s affidavit what the relationship is between these two credit notes, but it is clear that the defendant received credit from Ashford and it appears to be in respect of the fungicide, the subject…

…The application has been brought under Orders 35 rule 1(a) and Order VI rule 13 (1) (b) and (d) of the Civil Procedure Rules and is supported by an affidavit sworn on June 12, 2000 by Lucy Wairimu Wamae, a director of the…

…In her affidavit in support of the application, Lucy Wairimu Wamae depones that the plaintiff’s claim arises out of a contract agreement to transport milk and milk products.…

…The present plaintiff/applicant’s application is supported by the affidavit of its counsel annexed thereto.…

…According to paragraph 7 of the said affidavit, at about 8.45 a.m. on 8.1.95 the counsel for the plaintiff/applicant appeared before the Deputy Registrar of this court and was informed that there was no Judge available and…

…These goods were said to be tools of trade of the second defendant, even though there was no statement in the affidavit of the defendant’s director as to what the second defendant is engaged in.…

…Learned counsel for the plaintiff pointed out, and the affidavit in reply is also clear on it, that the second defendant is also indebted to other people. This was not denied by the applicant.…

…In that regard, the 2nd plaintiff, who has sworn the affidavit in support of the application, depones that she and her husband were out of the country on the date the purported proclamation was made and there was therefore…

…In his affidavit, he acknowledges that he had to peep through the window in order to have a glimpse of the inside of the house.…

…The motion was supported by the Affidavit of the Applicant/plaintiff which essentially reiterated the grounds of the application by exhibiting the ruling Njoki J.…

…Even though the defendants were served and an Affidavit of service duly filed, they neither filed any responses nor attended court to oppose the application.…

…This application is supported by the grounds stated on the body thereto and the matters disposed to in the Supporting Affidavit sworn by the applicant. 2.…

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

…However, Mr Mukele, the learned counsel for the 2nd respondent has deponed in his affidavit in support of the Notice of Motion: “THAT I carefully perused the Gazette Notice and found that the service of the petition was published…

…The only place where rules of Civil Procedure may apply is on the witness affidavits. Witness give affidavit evidence in election petitions. The process is clearly set out and rule 18(7) provides: “7.…

…Although Hannah, the applicant’s wife swore in her affidavit of December 11, 1986 that the applicant had had to attend regular medication drugs and had to be attended very keenly and delicately as he is developing bouts of…

…Hannah stated in her affidavit of December 8, 1986 that if the applicant were to be kept in prison his condition was likely to worsen with unpredictable consequence.…