Case law
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Division and case type: CivilCivil Suit
…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…
Division and case type: CivilCivil Appeal
…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…
Division and case type: Constitutional and Human RightsConstitutional Petition
…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.…
Division and case type: Environment and LandLand Case
…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.…
Division and case type: Constitutional and Human RightsPetition
…The Chamber Summons is supported by a statutory statement, a verifying affidavit and supporting affidavit, all dated 123rd November 2007 and sworn by the Applicant.…
…The Affidavit does not demonstrate how the Respondents so acted. It is not enough first to make unsubstantiated allegations.…
Division and case type: Constitutional and Human RightsPetition
…The Chamber Summons is supported by a statutory statement, a verifying affidavit and supporting affidavit, all dated 123rd November 2007 and sworn by the Applicant.…
…The Affidavit does not demonstrate how the Respondents so acted. It is not enough first to make unsubstantiated allegations.…
Division and case type: CivilCivil Appeal
…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…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: Constitutional and Human RightsPetition
…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.…
Division and case type: CivilCivil Appeal
…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."…