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…Gaturu, counsel for the respondent, has by a comprehensive replying affidavit, shown detailed steps he has undertaken so far which have culminated in his lodging the appeal which has been registered as C.A.…

…Gaturu, counsel for the respondent, has by a comprehensive replying affidavit, shown detailed steps he has undertaken so far which have culminated in his lodging the appeal which has been registered as C.A.…

…None was alleged either in the Notice of Motion or in the supporting affidavit. Mrs. Ngugi, however, strongly urged that the discretion under rule 4 is unfettered. This is true.…

…According to the applicant's supporting affidavit to the present application, he was financially incapacitated and was therefore unable to lodge the record of his intended appeal within the extended time.…

…According to the applicant's supporting affidavit to the present application, he was financially incapacitated and was therefore unable to lodge the record of his intended appeal within the extended time.…

…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.…

…It was supported by his affidavit of the same date. The Law Society entered appearance under protest.…

…So, in England, Sir Richard Malins, Vice Chancellor, granted an interimorder at his house on Saturday May 24, 1873, to restrain a transaction before the bill and the affidavit in support had been filed, because the court…

…The applicant states in his affidavit why he has found himself in this situation. It would appear that if his financial position improves he would be in a position to liquidate the decretal amount.…

…Mr NP Vohra has not explained his actions in an affidavit.…

…Mr Mutungi’s affidavit dated August 22, 1984 does not say when the Bank came to know of the orders of Masime, J. But equally, and just as important, there is no denial of lack of knowledge before the sale.…

…The applicants seem to have been shopping from one firm of advocates to another and the delay exhibited in not filing the appeal within time, as illustrated by the Certificate of Delay which is attached to the affidavit in…

…The application was supported by the affidavit of Mark Stephen Thompson who was at the material time the General Manager of the respondent Company.…

…The affidavit in reply and in opposition to the application was sworn by Vishram Ravji Halai (one of the appellants) in which he repeated basically the averments in the defence.…

…In his affidavit in support of the application he deponed, inter alia, that he was neither served with summons to enter appearance and the plaint nor did he have any notice whatsoever of the proceedings in the suit.…

…Responding to this application, the appellant in an affidavit sworn by its Chairman, Mr Patrick K Muiruri, stated that the letter dated August 15, 1984 which is referred to above and upon which the respondent placed heavy…

…Dealing with the issue of misrepresentation, the learned judge Schofield, J, as he then was) who heard the respondent’s application for summary judgment had this to say: “These misrepresentations are denied in Mr Flynn’s affidavit…

…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…

…The application is supported by an affidavit sworn by Mr. Gitobu Imanyara, Advocate who appeared for the Applicant. There are several annexures to the affidavit. I have perused them all.…

…The respondents are relying on two replying affidavits, one sworn by the Chairman of the First Respondent and the other by the returning officer, the Second Respondent.…

…One Mwangi Mbuthia, the advocate for the applicant, has sworn a supporting affidavit and he explains the delay by saying that they were looking for some criminal proceedings which they thought were necessary to enable them…

…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.…

…Mr Khanna complains that the affidavit in support lacks particulars. It would of course have been as well to have included them.…

…There is also a supplementary affidavit sworn on 25th May 2012. 6. According to material before court, the petitioner claims she was born in Zimbabwe.…

…The respondents oppose the petition through the replying affidavit sworn on 16th May 2012 by Mr David N.…