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…in the affidavits.…

…One Arthur Ndegwa, a surrogate of the Commissioner swore an affidavit which cannot be described as a simple affidavit.…

…Among the objections taken before the judge was one to the effect that as the application by way of chamber summons was not supported by any affidavit, it would seem it was being contended by counsel for the respondent that…

…Mr Wasuna who also argued the application before the judge pointed out that they could not have filed a supporting affidavit because that was not allowed by order VI rule 13(2) of the Civil Procedure Rules.…

…The application is supported by the affidavit in support, annextures and oral submissions in Court.…

…The respondent/defendant has opposed the application on the grounds of opposition filed herein and replying affidavit as well as oral submission in Court.…

…XXXVI rule 3D of the Civil Procedure Rules – the Rules provides that: “3D (1) An application under section 38 of the Limitation of Actions Act shall be made by Originating Summons. (2) The summons shall be supported by an affidavit…

…Summons dated 28th October, 1991 which was subsequently amended on 13th February, 1992 and filed in the superior court on the following day and re-amended on 24th March, 1993 annexed to which was the requisite supporting affidavit…

…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.…

…On 26th April, 1994, the advocate for the first, third and fifth appellants filed a notice of preliminary objection and an affidavit sworn by the second appellant, in opposition to the Mayor’s application.…

…On 11th when the case came before Githinji J, for the first time, Mr Ngatia is recorded as having told the judge: “We did not file a replying affidavit to the Chamber Summons but we have filed a defence .....…