Case law
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Division and case type: High Court Commercial and TaxCommercial Insolvency Cause
…In response to the petition, the Respondent filed a replying affidavit dated 7th December 2021. He denies being unable to pay the decretal sum and avers that the Petitioner is using parallel methods to collect the debt.…
…The offer presented in the replying affidavit is, in the Petitioner’s view, a transparent attempt to mislead the Court by suggesting that the Respondent is willing to settle the debt, when, in reality, he has no genuine intention…
Division and case type: High Court Commercial and TaxCommercial Matters
…The application is also opposed by the Interested Parties through the replying affidavit of 1st Interested Party sworn on 27th November 2024.…
…The Hospital has also responded to this application through the replying affidavit of its Company Secretary sworn on 28th November 2024.…
Division and case type: High Court Commercial and TaxCommercial Arbitration
…When the matter came up before Court on 4th November 2024, directions were issued requiring the Applicant to file a replying affidavit within fourteen days.…
…It is not disputed that directions requiring the filing of a replying affidavit were issued on 4th November 2024.…
Division and case type: High Court Commercial and TaxCommercial Matters
…Advocates, filed a replying affidavit sworn on 17th November 2022. He averred that the firm Gakoi Maina & Co.…
…Maina’s replying affidavit. He averred that the replying affidavit is misleading in all respects and that the approved board of directors did not appoint Gakoi Maina & Co. Advocates to act for the Plaintiff. Mr.…
Division and case type: High Court Commercial and TaxCommercial Miscellaneous
…The Respondent opposes the application through the Replying Affidavit of Wambua E. Kimanzi sworn on 5th March 2026.…
…During submissions, counsel for the Applicant urged the Court to strike out the Replying Affidavit on the ground that it had been sworn by counsel on contested matters.…
Division and case type: High Court Commercial and TaxCommercial Miscellaneous
…The Judgment Debtor opposes the application by a replying affidavit sworn by Jimmy Okindang’i on 25th May 2026.…
…On that basis the Judgment Debtor urges dismissal of the 18th May 2026 garnishee application. 2nd Garnishee’s Replying Affidavit 12. The 2nd Garnishee filed a replying affidavit sworn by Barbara Mwangi on 26th May 2026.…
Division and case type: High Court Commercial and TaxCommercial Miscellaneous
…From the record, the Respondent in HCCOMM E560 of 2021 filed a notice of appointment, replying affidavit to the Notice of Motion dated 29th April 2021 and submissions.…
…The Respondents having filed a Replying affidavit to the application, I am not persuaded that the application was undefended.…
Division and case type: High Court Commercial and TaxCommercial Matters
…In response the Plaintiff opposed the application through the Replying Affidavit sworn by Elizabeth Mbugua its Manager - Partnerships on 11th July 2024.…
…It is contended for the Plaintiff that the only available documents were availed as attachments to the Replying Affidavit and that the rest of the documents in relation to the auction are not available. 8.…
Division and case type: High Court Commercial and TaxCommercial Matters
…The 1st Defendant, through a replying affidavit sworn on 28th February 2024 by its Chairman, James Thuo Mwangi, contends that the Plaintiffs have no cause of action against it.…
…A further replying affidavit was sworn on 14th March 2025 by Francis Wagocho Wanjohi, who denies having signed the alleged acceptance letter of 20th February 2023 and asserts that the signature attributed to him therein is…
Division and case type: High Court Commercial and TaxCommercial Matters
…In its replying affidavit sworn on 23rd February 2024 by Jean Andre Ilunga, one of the plaintiffs, it was averred that the correct document that regulated the conduct of the business was the memorandum of understanding dated…
…The MOU annexed as “JAIRE B” in the plaintiff’s replying affidavit was entered into between the 1st defendant and the 3rd defendant on 7th August 2023.…
Division and case type: High Court Commercial and TaxCommercial Miscellaneous
…The Respondent opposed the application and filed a Replying Affidavit sworn on 3rd May 2021 by Jacquiline Wambui Njeru. The application was canvassed through written submissions.…
…I have carefully considered the Application together with the supporting affidavit, the replying affidavit and the written submissions made by the learned counsel.…
Division and case type: High Court Commercial and TaxCommercial Miscellaneous
…The respondent opposed the motion vide a replying affidavit dated 24th October 2024 wherein it is averred that the application does not meet the threshold for grant of review as it is not grounded under sections 80 and 99…
…Determination I have considered the motion, the replying affidavit and the written submissions by both parties.…
Division and case type: High Court Commercial and TaxCommercial Matters
…The application is opposed by the 1st defendant/respondent vide a replying affidavit sworn on 12th February 2025.…
…In response to the replying affidavit, the applicant filed a further affidavit sworn on 17th February 2025.…
Division and case type: High Court Commercial and TaxCommercial Matters
…In support of the Plaintiff’s application, James Waithaka, a director of the 2nd and 3rd Defendants/Respondents, swore a replying affidavit dated 7th October 2025.…
…In opposition, the 1st and 4th Respondents filed a replying affidavit sworn by Collins Sabatia, the Manager of Non-Performing Loans at the 1st Defendant bank, on 19th September 2025.…
Division and case type: High Court Commercial and TaxCommercial Miscellaneous
…The application is opposed by the replying affidavit of Frank Ochieng Walukwe an advocate practicing in the firm of Gazemba Wekesa & Co. Advocates the Interested Party herein sworn on 4th April 2024.…
…Li Shunkang the managing director of the J & K Investments Limited Kenya also opposed the application vide the replying affidavit sworn on 20th March 2024.…
Division and case type: High Court Commercial and TaxCommercial Matters
…In response, the 4 th Defendant opposes the application and filed grounds of opposition dated 24 th October 2024, together with a replying affidavit sworn by Kariuki Kingori on 30 th October 2024. In his affidavit, Mr.…
…The application was heard through written submissions, which I have considered alongside the supporting affidavit, the grounds of opposition and the replying affidavit.…
Division and case type: High Court Commercial and TaxCommercial Arbitration
…The respondent also filed a replying affidavit sworn on 11th April 2023 by herself.…
…I note further that the respondent filed a replying affidavit sworn on 11th April 2023 in opposition to the application to recognize the award.…
Division and case type: High Court Commercial and TaxCommercial Matters
…The application is opposed by the 1st defendant/respondent vide a replying affidavit sworn on 12th February 2025.…
…In response to the replying affidavit, the applicant filed a further affidavit sworn on 17th February 2025.…
Division and case type: High Court Commercial and TaxCommercial Matters
…The application is opposed through a replying affidavit sworn on 1st October, 2024 by Christine Wahome, the 1st Respondent’s Recoveries Manager.…
…I have carefully considered the application, the supporting affidavit, the replying affidavit, and the rival written submissions by learned counsel for the parties.…
Division and case type: High Court Commercial and TaxCommercial Miscellaneous
…The 1st respondent opposed the application vide a replying affidavit sworn on 3rd November 2023 by its Chief Executive Officer.…
…I note that the 1st respondent’s application dated 13th November 2023 which seeks to set aside the arbitral award of 18th May 2023 is based on the same grounds that it raised in its replying affidavit in opposition to the…