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…The respondent had sworn an affidavit in the superior court, the first four paragraphs whereof, were admitted by the appellant.…

…In paragraphs 3 and 4 of her said affidavit the respondent states that the appellant agreed to sell to her the suit property at a price of K.Shs.3,500,000/= 10% of which sum was to be paid as deposit in two stages; Shs.100,000…

…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…

…The replying affidavit filed on behalf of the appellant in opposition to the respondent's application was sworn by it's sales manager, one Mungaithi.…

…It is a detailed affidavit and among the annextures to it are copies of the dishonoured cheques.…

…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.…

…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."…