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…giving him power to swear the said affidavit.…

…Looking at her affidavit it would seem that she signed the affidavit in Nairobi and the Commissioner for Oaths signed it in Mombasa.…

…In response, the Plaintiff filed a Replying Affidavit which she swore on 9th October 2025.…

…I have carefully considered the application, the affidavits and the submissions. The issue that arises for determination is whether leave to file a verifying affidavit in respect of the counter claim should issue.…

…In response, the Appellant/Respondent filed a Replying Affidavit sworn on 8th April 2025.…

…In a Further Affidavit sworn on 9th April 2025, the Applicant avers that no evidence of the alleged WhatsApp communication has been annexed to the Respondent’s Replying Affidavit.…

…Annexed to the supporting affidavit as PMW-3 are copies of the demand letters and bills of costs. 8.…

…He has annexed to his affidavit as VOO-1 a copy of the authority to swear the affidavit on behalf of the Respondent. 10. In his affidavit, Fr.…

…Order 19 of the Civil Procedure Rules makes provision in regard to Affidavits.…

…Although it is proper that Affidavits be sworn by the parties and not Counsel, given the provisions of the proviso to Rules 3 of Order 19 Civil Procedure Rules and the nature of the averments in the Supporting Affidavit,…

…In addition to the Supporting Affidavit, the Applicant also filed Supplementary Affidavits sworn by Moses Otieno Audi on 23rd September, 2025 and 26th September, 2025.…

…Determination I have considered the application and the Affidavits filed in support thereof and the annextures thereto and the Replying Affidavit.…

…(ii) The Replying affidavit by the 3 rd contemnor replicates almost word for word the Replying affidavit of the 4 th contemnor.…

…There is exhibited in the said affidavit of service of Joseph H.…

…The application is supported by the affidavit of Kenneth Kiurah, a representative of the 2nd Defendant. 2.…

…The Plaintiff submits that the application is fatally defective and misconceived, as it is supported by an affidavit contrary to Order 2, rule 15(2) of the Civil Procedure Rules, which expressly prohibits the use of affidavit…

…Mr Simiyu, for the 5th Respondent, informed the Court that he had filed his replying affidavit dated 2nd July 2025 and response submissions. 10.…

…Owing to the contentions regarding the filing and service of submissions and replying affidavits, the Court directed that affidavits of service confirming their service be filed, and that thereafter the Court shall give directions…

…The Plaintiff filed a Replying Affidavit sworn 27th November 2025.…

…confirming the allegations contained in counsel’s affidavit. 14.…

…In his Supplementary affidavit sworn on 28th October 2025, the Applicant stated that the Replying affidavit is full of contradictions and utter falsehoods as the Respondent has never been in possession of the suit land.…

…I have considered the Notice of Motion application under review, the supporting affidavit, the supplementary affidavit, the Replying affidavit, the annexures thereto and the relevant law.…

…The Judicial Review proceedings process is founded on the Statutory Statement and the verifying affidavit.…

…The Judicial Review cause or suit is practically commenced when the Statutory Statement and the verifying affidavit are filed.…

…Despite service of the said application and court documents as indicated in the affidavit of service on record, no replying affidavit or grounds of opposition was filed by the Respondent in opposition thereto.…

…I have considered the application under review, the grounds on the face thereof, the supporting affidavit and annexures thereto. …

…The applicant’s Counsel urges the court to strike out the Replying affidavit while the Respondents Counsel urges the court to enlarge the time for filing and deem the Replying affidavit as duly filed and served.…

…I observe that the applicant has promptly filed a supplementary affidavit. There is delay of one day.…

…The Applicant filed a further affidavit in response to the averments made by the Respondent in his affidavit.…

…I have carefully considered the application, the grounds upon which it is premised, the affidavit in support thereof, the further affidavit, the Respondent’s replying affidavit, and the parties’ respective submissions.…

…The application is anchored upon grounds 1 to 6 set out on it’s face and the supporting affidavit of ten paragraphs sworn by George Illah, County Attorney of the 2nd respondent.…

…That the houses constructed and or demolished thereon belong to the National Government and not the 2nd respondent as discerned in the letter marked as ‘G1-1’ annexed to the supporting affidavit.…

…place and on what date the oath or affidavit is taken or made. 30.…

…I have looked at the jurat of the verifying and further affidavits. Although the date is indicated, the place the oath was taken is not indicated in the affidavits.…

…The Ex parte applicant did not file submissions opting to rely on the Verifying Affidavit.…

…That the affidavit on record does not aver that there is no pending or previous proceedings concerning the same subject matter.…

…They chose the person to swear the Affidavits before.…

…I feel certainly in my mind that whatever way one looks at those affidavits, they were simply not affidavits at all for the purpose of the law.…