Case law
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Division and case type: Constitutional and Human RightsPetition
…I have perused the exhibits marked “NJMM I” annexed to the affidavit of Mr Nelson Joel Manyeki Mainnah of the creditor Bank sworn on 25/2/91.…
…In para 13 – 23 of the debtors affidavit sworn on 19/2/91, the debtor has made some serious accusations against process server.…
Division and case type: CivilCivil Case
…authorised representatives such as their secretaries, managing directors etc, have sworn any affidavit in support of their respective claims.…
…Instead, their advocates took it upon themselves to swear affidavits on their behalf.…
Division and case type: CivilCivil Case
…of Lands and obtained two receipts – see Exhibits B.P.R.3, attached to the replying affidavit of the 2nd Defendant.…
…However, there is the replying affidavit, the 1st Defendant has taken a completely different turn from that in their defence.…
Division and case type: CivilCivil Case
…(See annexture A to the supporting affidavit).…
…Annexture B to the affidavit is a bulk of photocopies of cheques which were variously drawn on the account by the defendant.…
Division and case type: CivilCivil Case
…All this in what he called a further supporting affidavit.…
…Then there is this affidavit of the advocate Mr Taib Ali Taib. One does not deny the right of an advocate to swear an affidavit.…
Division and case type: COMMERCIAL DIVISIONCivil Suit
…Plaintiff’s counsel in submission stated that the 3rd defendants application was incompetent for failing to have a supporting affidavit.…
…Order 50 Rule 7 requires an applicant by summons to state in general terms the grounds of the application and where the summons is based on evidence by affidavit a copy of that affidavit is to be served.…
Division and case type: CivilCivil Case
…The landlord further states in the same affidavit that the new tenant has keys to the premises and her furniture is still in the premises.…
…Annexture No 14 to the landlord’s affidavit filed on 22/2/91 is particulars recorded by M/s Ebony Estates Ltd – the landlord’s agents.…
Division and case type: CriminalMiscellaneous Criminal Application
…What happened was that on the 19th November 1991, Police Inspector Dominic Mwaniki attached to Divisional CID Headquarters Kisumu swore an affidavit and had it filed in the Principal Magistrate’s Court making certain allegations…
…Instead of the learned magistrate giving John Opiyo Arunga a copy of the affidavit of Inspector Mwaniki to see the allegations or instead of the magistrate allowing John Opiyo Arunga to read or to be told the contents of…
Division and case type: Milimani Commercial CourtsCivil Case
…The application is supported by an affidavit sworn on October 2, 2000 by Michael J Iseme, an advocate of this Honourable Court and a partner in the firm of Iseme, Kamau & Maema Advocates, which said firm is on record for…
…In opposing the application, the respondent has deponed in his affidavit sworn on October 5, 2000 that the defendant has offered no explanation as to why it failed to make an appearance or to file a defence within the prescribed…
Division and case type: CivilCivil Case
…The said application is supported by an affidavit sworn by the counsel for the defendant/applicant to which grounds of objection and affidavit in reply have been filed on behalf of the plaintiff/respondent.…
…The reasons given for failing to file a defence appear in the affidavit of the learned counsel for the defendant/applicant.…
Division and case type: Constitutional and Human RightsConstitutional Petition
…Paragraphs 4-6 of the Petitioner's affidavit of 15th September 2011 in support of the Petition sets out the factual background from the petitioner's perspective as follows: “4.…
…My grandmother died on 26/5/2005 after she had already executed the transfer marked as “AMM3” in the affidavit in the support of the Petition. ii.…
Division and case type: Milimani Commercial CourtsCivil Case
…Supporting Affidavit of AGNES NDINDA MALUNDU sworn on the 12th January 2012 filed on the 19th January 2012 (hereinafter referred to as “the Plaintiff’s Supporting Affidavit”). ii.…
…Further Affidavit sworn by the same AGNES NDINDA MALUNDU sworn on the 27th September 2012 filed on 28th September 2012 (hereinafter referred to as “the Plaintiff’s Further Affidavit”). 3.…
Division and case type: CivilCivil Case
…The application does not specify the duration of the injunction Order sought but the supporting affidavit seems to indicated that the injunction order is sought until plaintiffs are able to sell L.R Nairobi Block 195/65 and…
…I have studied the plaint and the affidavit to support the application and the annexed documents.…
Division and case type: FamilySuccession Cause
…The parties were directed to file further affidavits to propose such distribution. After that the cause was heard on submissions based on the affidavits on record.…
…But in view of the production of the aforesaid affidavit, which is not disputed by the Objector, the fate of the Kiambu property was sealed by the last wish of the deceased.…
Division and case type: CivilCivil Case
…In paragraph 7 of the affidavit sworn by the defendant’s manager in reply to the present chamber summons seeking an interim injunction to restrain the defendant from selling this particular vehicle to anyone else pending…
…the determination of the suit, the defendant acknowledged having received the Premier Saving & Finance Application forms and annexed the said forms to his affidavit as M A AVI.…
Division and case type: CivilCivil Case
…The bitterness that has developed shows in her pleadings, affidavits and manner of speech.…
…Gautama in her affidavit and submissions. She calls him crude and savage – a felonious man worse than her husband. And she adds for good measure that she has been a victim of injustice in this country.…
Division and case type: CivilCivil Case
…The defendant failed to file its replying affidavit and grounds of opposition to this motion.…
…“If no affidavit and no statement under sub rule 1 is filed an order may be made on the application ex parte.” I accordingly gave summary judgment to the plaintiff as prayed in the plaint.…
Division and case type: CivilCivil Case
…For this argument he relies on the affidavit of Mr Mwai Solomon Githegi, the Town Clerk of the Council wherein he deponed, inter alia, as follows:- 7.…
…Mr Mwakiwiwi who instructed Messrs Arum and Company Advocates to handle this particular file on the Council’s behalf has sworn his own (replying) affidavit.…
Division and case type: CivilCivil Case
…The application was supported by the affidavit of Mr. Mungai Kamotho the defendant’s advocate.…
…Mr Macharia Njore, the advocate for the plaintiff filed a lengthy replying affidavit, explaining the circumstances that led to the vehicle being sold.…
Division and case type: FamilySuccession Cause
…The application is further supported by the applicant’s affidavit dated 9th August, 2011. The applicant in her affidavit has deponed that the deceased left behind several properties one of them being L. R.…
…The respondent filed a Replying Affidavit on 26th August, 2011 in response to the applicant’s application.…