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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.…

…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.…

…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…

…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…