Case law
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Division and case type: CivilCase number Civil Application
…The application is supported by the affidavit of Mr Magugu sworn on 7th December, 1994.…
…In their grounds of objection and replying affidavit, Mr Magugu and Inns Ltd contended that it was a condition for the payment of the respondents’ fees that Inns Ltd obtained finances to undertake the project; that Inns Ltd…
Division and case type: CivilCivil Suit
…He has annexed an agreement to his affidavit which, according to him, verifies the dissolution of the said marriage.…
…The Plaintiff’s affidavit is categorical that a marriage under Taita Customary Law subsists between her and the 1st Defendant.…
Division and case type: CriminalCriminal Appeal
…The oral application made by the children’s officer, without any affidavit in support denied the appellant an opportunity of challenging the whole proceedings. The procedure adopted was wrong.…
…In any other case an application had to be made supported by an affidavit. The conviction of the appellant was unprocedural and most unsafe and cannot be allowed to stand.…
Division and case type: CivilCivil Suit
…According to the affidavit on the Return of Service it is deponed that the Garnishee was served on October 17, 1990 for hearing on October 23, 1990.…
…It would also seem from an affidavit in support that the garnishee made some belated attempts to ascertain what happened from the court file but was not lucky.…
Division and case type: CivilCivil Appeal
…counsel to specify the particular ground he relies on so as not to take the opponent by surprise we see no prejudice to the appellant in the superior court as the application was stated to be based on the grounds in the affidavit…
…of the applicant (respondent to this appeal) which affidavit (paragraph 3 thereof) referred to delay of fair trial of the action which ground falls under order V1 rule 13 (1) (c).…
Division and case type: CivilCivil Suit
…Applying those principles to the facts here, I say that although I am unable to decide on the basis contradictory affidavit evidence whether the Defendant was misled by the Plaintiff’s Advocate as alleged, I am of the view…
Division and case type: CivilCivil Case
…The application is supported by an affidavit sworn by Mr. Gitobu Imanyara, Advocate who appeared for the Applicant. There are several annexures to the affidavit. I have perused them all.…
…The respondents are relying on two replying affidavits, one sworn by the Chairman of the First Respondent and the other by the returning officer, the Second Respondent.…
Division and case type: CivilORIGINATING SUMMONS
…The application is supported by an affidavit sworn by Mr. Gitobu Imanyara, Advocate who appeared for the Applicant. There are several annexures to the affidavit. I have perused them all.…
…The respondents are relying on two replying affidavits, one sworn by the Chairman of the First Respondent and the other by the returning officer, the Second Respondent.…
Division and case type: CivilCivil Suit
…It is supported by the affidavit of learned counsel for the Appellant, Mr. Lumatete Muchai sworn on the 22nd of June, 1995.…
Division and case type: CivilCivil Suit
…It is supported by the affidavit of learned counsel for the Appellant, Mr. Lumatete Muchai sworn on the 22nd of June, 1995.…
Division and case type: CriminalCriminal Case
…He pass on the information to the said couple and further told the complainant that he will have to swear an affidavit that he was not married in Germany.…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Case
…- 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…
Division and case type: Milimani Commercial CourtsCivil Case
…violation or which have actually been violated in situations where damages would be an inadequate remedy, or to those who are favoured by the balance of convenience in situations where as a result of serious conflict of affidavit…