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…The defendant swore the supporting affidavit to support the summons.…

…The plaintiff filed a replying affidavit to resist the summons.…

…He pointed out that the first Defendant had not filed any replying affidavit and that he could not rely on the affidavit that had been sworn by the second Defendant.…

…the affidavit on behalf of the first Defendant.…

…The parties were directed to file further affidavits to propose such distribution. After that the cause was heard on submissions based on the affidavits on record.…

…But in view of the production of the aforesaid affidavit, which is not disputed by the Objector, the fate of the Kiambu property was sealed by the last wish of the deceased.…

…Kinyanjui Advocate and have sworn affidavits sworn on 21/10/03, 20/8/99 and 29/12/99.…

…It is not disputed at all in the affidavits that the applicant was a son and survivor of the deceased.…

…Mr P Nowrojee, assisted by Mr D Maanzo argued this application as per the eleven (11) grounds set out, supported by the 1st respondent’s affidavit and with reference to the authorities that both sides put forth.…

…Mr Mbaya concurred with Mr Nowrojee in most of the above, save to add that the petitioner in his affidavit seeking orders for substituted service had admitted that he had not served the petition in the 28 days from the day…

…The motion is supported by the affidavit of the first respondent (hereinafter referred to as “Chiaba”) in which he swears to the fact that he was not served personally or at all.…

…It is suprising therefore that the supporting affidavit says nothing of having seen these documents. It is absolutely silent.…

…In a supporting affidavit the plaintiff has explained that the land in dispute measures 15 acres, that he inherited it from his father, it is situated near River Tana and he has planted bananas, sugarcane and mango trees.…

…Nyakeno in his submission before me and in his own affidavit. It is clear that when the applicants came to know of the judgment it was their clear intention to appeal against that judgment of the superior court.…

…Further the respondent/applicants/plaintiff state that they had already been issued with the notification of approval of development permission granted on 26.5.2003.The applicants/respondent/defendant stated in the replying affidavit…