Case law
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Division and case type: CivilCivil Appeal
…There was only one accompanying affidavit in support and that was by Nyamogo, the 1st applicant. The detailed acts of refusal are deponed to therein.…
…However, in his replying affidavit sworn on 16th November, 1993, and filed on the same day Mr Malakwen states and we quote: “I have now seen the notice of motion dated 28th October, 1993, and an affidavit sworn by one Mr…
Division and case type: CivilCivil Case
…In the affidavit in support of the application in case NAI 33 of 1983 (relating to the other applicant) Mr Wamae stated that it was this applicant’s failure to pass on the result of the case (of which Mr Wamae had informed…
…As Mr Gathuru says, the nature of the confusion which existed in the mind of the clerk was not specified in the affidavit of Mr Wamae, neither did the clerk himself swear an affidavit.…
Division and case type: CivilCivil Appeal
…In his ruling the learned judge was clearly conscious of the fact that the application then before him could not be decided on a consideration of the opposing affidavits, but that, having regard to those affidavits, it was…
…Mr Lakha began by referring to Mr Panesar’s affidavit of September 23 in which he specifically refuted the suggestion that Dynamics Engineering Ltd was ever intended to be run as a partnership.…
Division and case type: CivilCivil Appeal
…XXXVI rule 3D of the Civil Procedure Rules – the Rules provides that: “3D (1) An application under section 38 of the Limitation of Actions Act shall be made by Originating Summons. (2) The summons shall be supported by an affidavit…
…Summons dated 28th October, 1991 which was subsequently amended on 13th February, 1992 and filed in the superior court on the following day and re-amended on 24th March, 1993 annexed to which was the requisite supporting affidavit…
Division and case type: CivilCivil Case
…He also relied on the affidavit of Joseph Muthusi and the documents annexed thereto.…
…The only disadvantage I can see on the part of the plaintiffs is that “Any action taken by Mr Mulei is always intended for his own benefit or of his henchmen” as deponed to by the first named plaintiff in the responding affidavit…
Division and case type: CivilCivil Case
…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…
Division and case type: Constitutional and Human RightsJudicial Review
…Through a replying affidavit by the Deputy Director in Charge of Licensing, Cosmas Ngeso, the Respondent stated that it had followed all the rules of natural justice given that the Appellant was given a hearing on the 29…
Division and case type: CivilCivil Appeal
…The second of these grants is annexed to Bhavin’s supporting affidavit and is in his favour, as follows:- “To commence carry on or defend all actions and other proceedings touching the properties or any part thereof and affairs…
Division and case type: Constitutional and Human RightsPetition
…Magolo did not move this court under the said provisions as he did not file an application by way of Notice of motion supported by affidavit but opted to apply for revision.…