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…APPLICATION NO.NAI. 214 OF 1998 BETWEEN NATIONAL CEREALS & PRODUCE BOARD.......................APPLICANT AND ALBERT ONGARO..........................................RESPONDENT R U L I N G I have read the notice of motion and the affidavit…

…The application is supported by an affidavit sworn on 11.7.2001 by Dipak Panachand Shah the 2nd defendant, which sets out the facts on which the applicants rely.…

…In that regard, the matters deponed to in Eunice Kagane’s affidavit such as:- 1. Forwarding 5 draft orders for approval (paragraph 6 of the affidavit). 2.…

…NO. 3457 of 1995 as the same will not turn on a serious issue for whether or not the affidavit of Mugesa Ole Kuseyo was defective as deponed in the applicants' affidavit in support of their application, the same is not fatal…

…From the affidavit in support of the applicants' application, it is not apparent what effect the alleged defect in the affidavit of Mugesa Ole Kuseyo in the superior court would have to their case in that court.…

…There was also an affidavit in support of the application sworn by Martin Gichohi Mwaniki, the advocate conducting the matter on behalf of the applicant and who swore that he was authorised by the applicant to swear the affidavit…

…The facts as stated in the record and in the affidavit in support of the application, are not in dispute. Mr.…

…It is unfortunate that even the replying affidavit filed by Mr Patel on September 18, 1986 and served on the same day no further affidavit by the applicant has been filed in answer to that replying affidavit.…

…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…

…It is unfortunate that even the replying affidavit filed by Mr Patel on September 18, 1986 and served on the same day no further affidavit by the applicant has been filed in answer to that replying affidavit.…

…The notice of appeal was filed on July 4, 1990 within the prescribed time and although the affidavit in support (the affidavit) by Mr.…

…Akhaabi collected the papers in December, 1992 (paragraph 6 of the affidavit) when he found out that the second applicant had died.…

…In a supporting affidavit, it was deponed on behalf of the applicants that in the year 1986, each applicant was a final year student at the respondent college.…

…Now I need to refer to the affidavits which were sworn on behalf of the college. On January 11, 1989, the College Registrar swore an affidavit in answer to the notice of motion.…

…The originating summons was supported by an affidavit which set out in detail the grounds for the application.…

…. (3) Any such application made after the filing of a suit shall be made ex-parte by summons in that suit supported by affidavit.…

…in the affidavits.…

…One Arthur Ndegwa, a surrogate of the Commissioner swore an affidavit which cannot be described as a simple affidavit.…

…This default is admitted by the appellant in his replying affidavit.…

…This default is also admitted by the appellant in his replying affidavit although he says that he has put the matter right by filing a supplementary record of appeal containing those documents.…

…The supporting affidavit of this application does not support way of the orders sought.…

…For instance, no affidavit evidence has been adduced to show that the respondent has failed to take an essential step in resect of its appeal.…

…Once more this court stated as follows: "Upon consideration of the matters deponed to in the supporting affidavit sworn by Wanjau, and in view of the fact that the respondent has been served and not complied with Order 50…

…The applicant's main ground for seeking review of the judgment and thereafter vacating judgment in issue were laid out in his affidavit in support of the application and they are mainly as follows: He had been let down by…

…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.…

…On May 10, 1979 the defendant’s advocate filed a summons for the setting aside of the ex parte judgment and filed an affidavit in support.…

…There is also an affidavit of the advocate briefed on behalf of the appellant dated July 25, 1979 for consideration.…

…In a subsequent affidavit sworn by Mr. Mohamed on 7th October, 2004, he admitted, as contended by Mr.…

…In response to the matters deponed to above, an affidavit in reply was sworn by a Manager of Aberdare, Mr.…

…A Photostat copy of that delivery note was annexed to the respondent’s affidavit in support of his application for summary judgment dated 10th March, 1992.…

…In its replying affidavit in opposition to the respondent’s application for summary judgment dated 18th March, 1992 the appellant denied having received this letter claiming that the initials on the delivery note did not…

…counsel to specify the particular ground he relies on so as not to take the opponent by surprise we see no prejudice to the appellant in the superior court as the application was stated to be based on the grounds in the affidavit…

…of the applicant (respondent to this appeal) which affidavit (paragraph 3 thereof) referred to delay of fair trial of the action which ground falls under order V1 rule 13 (1) (c).…