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…And in a replying affidavit sworn on 20.6.1998, Mr.…

…In the replying affidavit sworn by Mr. Salim Danji on 30.6.1998, no reference is made in paragraphs 1 and 2 of Mr. Kaptens affidavit.…

…The said application is opposed and I have the replying affidavit sworn by one Cyrus Kabiu Njungu the Distribution Manager (Design and Construction) of the plaintiff Company.…

…This has been conceded in paragraph 4 of the affidavit in support of the application.…

…The said application is supported by an affidavit sworn by the counsel for the defendant/applicant to which grounds of objection and affidavit in reply have been filed on behalf of the plaintiff/respondent.…

…The reasons given for failing to file a defence appear in the affidavit of the learned counsel for the defendant/applicant.…

…Supported by prior affidavit of the applicant.…

…I have considered the application as well as the affidavit in support and the submissions by counsel for the applicant and the learned state counsel and it can’t be said that this application lacks in merit which the applicant…

…The application was supported by an affidavit of Fredrick N.…

…There was a replying affidavit and grounds of opposition filed by the firm of messrs Nyachae and the contents of the supporting affidavit.…

…I bear in mind that as at this stage I only have affidavit evidence that has not been tested under cross-examination.…

…This is the position taken by the Bank through its Chairman Mr Sio who has sworn an affidavit in these proceedings and the plaintiff.…

…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.…

…In reserved rulings he observed that the pleadings as filed disclosed disputed facts and law which made the controversy so focused on such a diversity of questions going beyond affidavit materials and interlocutory arguments…

…That allegation, could not, as pointed out by the learned Judge, be rebutted by the affidavit evidence.Secondly, that the interest charged on the principal sum was not only unreasonable but also unconscionable and manifestly…

…The applicant states in his affidavit why he has found himself in this situation. It would appear that if his financial position improves he would be in a position to liquidate the decretal amount.…

…The application is opposed and grounds of opposition together with a replying affidavit have been filed. I also have submissions made by both learned counsel appearing.…

…The application is supported by the applicants’ affidavit. In the relevant paragraphs, she states that.…

…matters, if the written will has no attestation clause or has insufficient attestation clause or court is in doubt about the due execution of the will the court is bound before admitting the will to probate to require an affidavit…

…In his affidavit in support of the application, the respondent alleged that he has been in continuous possession and occupation of the suit property since January, 1976 and that his possession has been hostile and adverse…