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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…

…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.…

…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…

…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."…