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…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 his affidavit in support of the application, the applicant has deponed that both the respondents are his estranged wives. That the ten (10) children are not his.…

…Momanyi for the respondents relied on the replying affidavit and added that the application is fatally defective for having been brought under the wrong section of the law.…

…The motion was supported by the Affidavit of the Applicant/plaintiff which essentially reiterated the grounds of the application by exhibiting the ruling Njoki J.…

…Even though the defendants were served and an Affidavit of service duly filed, they neither filed any responses nor attended court to oppose the application.…

…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.…

…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.…