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…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.…

…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.…

…Mr Chunga in particular referred to paragraphs 4, 5 and 6 of the affidavit as being totally hearsay, the Court does not act upon hearsay evidence he said.…

…A great deal of time was spent on arguing that the respondent had not filed an affidavit in reply.…

…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.…

…These grounds are set out in an affidavit which was sworn by themselves.…

…The respondent having filed an affidavit to the effect that in the case of each detainee notification of his detention had been duly published in the Gazette within 14 days as required by section 83(2)(b) of the Constitution…

…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.…

…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.…