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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.…

…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.…

…This petition was grounded on her affidavit in which she depones that in addition to herself the deceased was also survived by their seven children, five daughters and two sons.…

…Sarah had sworn an affidavit previously on 10/5/89.…

…In the instant case Mrs Chris Crounchey swore the applicants’ supporting affidavit in which she blames the defendant’s company secretary one Mr Ali Timmany or else the defendant’s first counsel Mr Taib for the situation in…

…Mr Taib in his affidavit deponed that he could not have filed a defence without the relevant instructions which were not forthcoming from Mr Issa Timmany who is said to be an advocate.…

…The plaintiff in its supplementary affidavit sworn by Azim Jiwa Rajwani on 4/10/06 depones inter alia that the defendant had agreed with the plaintiff that the defendant would reconcile Account Number 2022384 which had been…

…The plaintiff has deponed in its supplementary affidavit sworn by the same AZIM JIWA RAJWANI on 4.8.2006 that it is an internationally known tourist resort of high repute and stands to have its reputation irredeemably damaged…

…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.…

…This application is based on the affidavit sworn by the first plaintiff on the same day and annexed to the said application.…

…I bear in mind the affidavits of the parties on record and the submissions by both counsel.…

…It is supported by an affidavit sworn on 1.9.93 by learned counsel for the applicant Mr Gikandi Ngibuini in which he deposes that he had studied the proceedings and judgment and was of the view that the appeal has overwhelming…

…Mr Chunga in particular referred to paragraphs 4, 5 and 6 of the affidavit as being totally hearsay, the Court does not act upon hearsay evidence he said.…

…A great deal of time was spent on arguing that the respondent had not filed an affidavit in reply.…

…Mr Chunga in particular referred to paragraphs 4, 5 and 6 of the affidavit as being totally hearsay, the Court does not act upon hearsay evidence he said.…

…A great deal of time was spent on arguing that the respondent had not filed an affidavit in reply.…

…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.…

…Applying those principles to the facts here, I say that although I am unable to decide on the basis contradictory affidavit evidence whether the Defendant was misled by the Plaintiff’s Advocate as alleged, I am of the view…

…An affidavit in support accompanied the application.…

…Costs.This application too was supported by an affidavit. On 21.6.96 Mr. Muendo argued the appellant's application, the first application, while Mrs. Nzei argued the Respondent's application, the second application.…

…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…

…In paragraphs 5 and 6 of his supporting affidavit, the 2nd defendant swears that he was not aware that the plaintiff was proceeding with this matter and that he was also not served with the hearing notice though he had entered…

…In his supporting affidavit the 1st defendant does not anywhere deny that he lives in Postal Quarters house No 7 at Westlands, Muturolu lane.…