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…The motion was supported by the Affidavit of the Applicant/plaintiff which essentially reiterated the grounds of the application by exhibiting the ruling Njoki J.…

…Even though the defendants were served and an Affidavit of service duly filed, they neither filed any responses nor attended court to oppose the application.…

…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…

…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."…

…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…