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…authorised representatives such as their secretaries, managing directors etc, have sworn any affidavit in support of their respective claims.…

…Instead, their advocates took it upon themselves to swear affidavits on their behalf.…

…of Lands and obtained two receipts – see Exhibits B.P.R.3, attached to the replying affidavit of the 2nd Defendant.…

…However, there is the replying affidavit, the 1st Defendant has taken a completely different turn from that in their defence.…

…(See annexture A to the supporting affidavit).…

…Annexture B to the affidavit is a bulk of photocopies of cheques which were variously drawn on the account by the defendant.…

…What happened was that on the 19th November 1991, Police Inspector Dominic Mwaniki attached to Divisional CID Headquarters Kisumu swore an affidavit and had it filed in the Principal Magistrate’s Court making certain allegations…

…Instead of the learned magistrate giving John Opiyo Arunga a copy of the affidavit of Inspector Mwaniki to see the allegations or instead of the magistrate allowing John Opiyo Arunga to read or to be told the contents of…

…By June 19, 1989, when the affidavit was sworn, the letter had not been returned. The affidavit states, further, that the debtor owes the firm of Continental Credit Finance a sum of Shs 15,302,184.35 as at May 15, 1989.…

…Mr Mwirichia observed that there was no affidavit in support and that the application was supported by a report of the official receiver.…

…The application was supported by an affidavit deponed to and signed by the applicant’s counsel Mr G B M Kariuki which comprised of 25 paragraphs. There was however, no replying affidavit from the respondent.…

…In paragraph 8 of the supporting affidavit counsel complained that the lower court failed – (a) to frame the charge, (b) to read over and explain to the applicant and his co-accused the charge so framed and to inform them…

…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 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.…