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…NO. 3457 of 1995 as the same will not turn on a serious issue for whether or not the affidavit of Mugesa Ole Kuseyo was defective as deponed in the applicants' affidavit in support of their application, the same is not fatal…

…From the affidavit in support of the applicants' application, it is not apparent what effect the alleged defect in the affidavit of Mugesa Ole Kuseyo in the superior court would have to their case in that court.…

…The notice of appeal was filed on July 4, 1990 within the prescribed time and although the affidavit in support (the affidavit) by Mr.…

…Akhaabi collected the papers in December, 1992 (paragraph 6 of the affidavit) when he found out that the second applicant had died.…

…DEFENDANT R U L I N G Under O.38 r 5 of the Civil Procedure Rules this court may at any stage of proceedings upon being satisfied either by Affidavit or otherwise that the defendant with intent to obstruct or delay the execution…

…The plaintiff swore an Affidavit to that effect and also called the witness who not only swore an Affidavit in further support but also gave Viva Voce evidence.…

…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 application was supported by an affidavit of the appellant's then advocate and based solely on the ground of non-service. The learned Judge was satisfied that there was service which when shown to Mr.…

…Mr Buti for the Ist respondent, in his affidavit in reply to the application has deponed, inter alia, that he applied for copies of proceedings on 23rd of April, 1997, but that he was not advised to go for them until 11th…

…Counsel for the Ist respondent, has deponed in his affidavit herein, that the grounds which were relied upon in both applications were the same as those relied on in this application, a fact the applicant did not dispute.…

…The applicants seem to have been shopping from one firm of advocates to another and the delay exhibited in not filing the appeal within time, as illustrated by the Certificate of Delay which is attached to the affidavit in…

…One Mwangi Mbuthia, the advocate for the applicant, has sworn a supporting affidavit and he explains the delay by saying that they were looking for some criminal proceedings which they thought were necessary to enable them…

…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.…

…In his affidavit in support of the application the appellant deponed thus. His suit was set down to come for hearing on 29th and 30th November, 1994.…

…The first respondent does not appear to have filed a replying affidavit but it filed grounds of opposition to the effect that the application lacked merit, was filed purposely to buy time, was intended to deny the 1st respondent…

…She claims in her affidavit that the portion of land she wants registered in her name is demarcated on the ground with a fence and that she had planted trees, fruit trees and other permanent improvements and planted various…

…The first Defendant filed a replying affidavit in which he denied all that the Plaintiff had alleged rearding title to the land. Although learned counsels handling this suit for the parties, Dr.…

…XXXVI rule 3C of the Civil Procedure rules which reads. "3C(1) An application under section 27 of the Limitation of Actions Act made before the Filing of a suit shall be made ex-parte by Originating summons supported by affidavit…

…. (2) Any such application made after the filing of a Suit shall be made ex-parte by summons in that suit supported by affidavit."…

…By that chamber summons (which with the affidavit and annextures amounted to some 134 pages) the plaintiff sought Orders to restrain the defendant from realizing the guarantee issued by the Standard Chartered Bank Limited…