Case law
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Division and case type: CivilCivil Case
…In his view such a matter requires the calling and examination of witnesses or the adduction of affidavit evidence.…
Division and case type: Constitutional and Human RightsJudicial Review
…Through a replying affidavit by the Deputy Director in Charge of Licensing, Cosmas Ngeso, the Respondent stated that it had followed all the rules of natural justice given that the Appellant was given a hearing on the 29…
Division and case type: CivilCivil Case
…Further the respondent/applicants/plaintiff state that they had already been issued with the notification of approval of development permission granted on 26.5.2003.The applicants/respondent/defendant stated in the replying affidavit…
Division and case type: Constitutional and Human RightsPetition
…The petition, of course, has been verified by an affidavit of a director of the petitioner sworn on 18th April, 1991. The petition was served on the company on 29th April, 1991.…
Division and case type: CivilCivil Case
…Mr Hewitt for the plaintiff argued that the agreement marked “A” annexed to the affidavit of Mukesh Kanji Rupshi Shah, a partner in the firm of Price Waterhouse Certified Accountings sworn in support of the plaintiff’s application…
Division and case type: CivilCivil Appeal
…The application for amendment was based on the affidavit of first plaintiff who simply deponed to what transpired before the learned judge on 6th and 7th November, 1990 and stated that in consequence of such order and as…
…The learned judge was, in my view right when he said that the plaintiffs had to show how the amount of special damages was calculated either in 'amended' plaint or affidavit.…
Division and case type: Milimani Commercial CourtsCivil Case
…On 29/6/2004 the plaintiff filed an affidavit against the title in support of an application under Section 45 of the Registration of Titles Act for the withdrawal of an entry of a lease which has been terminated.…
…In that affidavit the plaintiff states that the lease between him and the defendant moved was terminated when defendant out of the premises before the expiration of the term which was to expire on 30/5/2016 and that from…
Division and case type: CivilCivil Case
…- Although the 1st Plaintiff substantially replied to theaverments of facts by the Defendant in his supporting affidavit, Iobserve that there was no attempt made to specifically deny theallegation of bad faith and ill-will…
Division and case type: CivilCivil Appeal
…On April 17, 1980 the appellant Karuru swore an affidavit in which he stated that he was the registered owner of parcel No 410 that he had proposed to sub-divide it and sell four acres to Mr Joseph Ndumia Murage for the total…
Division and case type: CivilMiscellaneous Application
…In his affidavit in support of the application, he refers to the fact that he has filed a High Court civil suit against Kenya Commercial Bank Ltd; in a bid to recover his land, which was sold by the Bank by way of public…
Division and case type: CivilCivil Suit
…In his affidavit in support of the application, he refers to the fact that he has filed a High Court civil suit against Kenya Commercial Bank Ltd; in a bid to recover his land, which was sold by the Bank by way of public…
Division and case type: CivilCivil Appeal
…The brothers united to swear an affidavit and a supplementary one in support of that summons and from it more relevant facts emerged. The estate was likely to be worth Kshs 541,295.45.…
…Kinuthia, for the relatives, stressed the absence of any replying affidavit. Finally, Mr. Muite explained this was because no directions had been obtained in this matter. Mr.…
Division and case type: FamilySuccession Cause
…The application is supported by the applicants’ affidavit. In the relevant paragraphs, she states that.…
…matters, if the written will has no attestation clause or has insufficient attestation clause or court is in doubt about the due execution of the will the court is bound before admitting the will to probate to require an affidavit…
Division and case type: CivilCivil Appeal
…This appeal raises a very important issue of law, namely whether on the facts contained in the affidavit of Bernard Mutonga Mbithi (the appellant sworn on 18th September 1991, he was entitled to be given leave to bring an…
…In his affidavit in support of the chamber summons he deponed that he believed that he could not institute a common law claim against the respondents before the decision of the inquest which was held to establish the persons…
Division and case type: CivilCivil Case
…In his ruling he said, in pertinent part, as follows: “There are no genuine triable issues regarding the tenancy raised by the respondent in his dispute and in his affidavit.…
Division and case type: CivilCivil Case
…In his ruling he said, in pertinent part, as follows: “There are no genuine triable issues regarding the tenancy raised by the respondent in his dispute and in his affidavit.…
Division and case type: CivilCivil Case
…In his ruling he said, in pertinent part, as follows: “There are no genuine triable issues regarding the tenancy raised by the respondent in his dispute and in his affidavit.…
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."…
Division and case type: CivilCivil Suit
…From the affidavits filed respectively in support as well as in opposition of the application the following facts appear to have given rise to this litigation:- 1.…
…Further, an affidavit by the general secretary speaks of the decision to exclude the plaintiff, and ends by saying, “I verily believe that most members and officials are of the opinion that plaintiff ought to have accepted…
Division and case type: Milimani Commercial CourtsCivil Case
…violation or which have actually been violated in situations where damages would be an inadequate remedy, or to those who are favoured by the balance of convenience in situations where as a result of serious conflict of affidavit…