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…Next the court, though alive to the principle that one who depones to an affidavit must be one who can be cross-examined on the depositions, and counsel like Ms Kasmani does not fall in such a category here, yet considering…

…the circumstances of the 2nd respondent (he is held in remand) and that Ms Kasmani properly stated as to the source of her information (the 2nd respondent), the affidavit in support of this application need not be faulted…

…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.…

…The company, according to its plaint and affidavits, imports a large amount of the raw materials for its business and to do this it has to use large amounts of foreign exchange.…

…It was supported by an affidavit of Mr Macharia. The material before the judge and his ruling were added.…

…The company, according to its plaint and affidavits, imports a large amount of the raw materials for its business and to do this it has to use large amounts of foreign exchange.…

…It was supported by an affidavit of Mr Macharia. The material before the judge and his ruling were added.…

…Mr A L R Shah, deponed in the affidavit in support of this application that he did not receive the hearing notice.…

…It is quite clear from the affidavit evidence before me and the record that the applicants were not personally to blame for their non-appearance and non-representation at the trial of this case.…

…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.…

…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…

…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…

…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.…

…In paragraph 16 of the plaint dated 7th July, 2010 the plaintiff states on oath (through Verifying Affidavit) H.C.C.C No. 35 of 1997 has been withdrawn by the plaintiff and therefore the plaintiff states there are no pending…

…The motion is supported by the affidavit of the first respondent (hereinafter referred to as “Chiaba”) in which he swears to the fact that he was not served personally or at all.…

…It is suprising therefore that the supporting affidavit says nothing of having seen these documents. It is absolutely silent.…

…It is supported by the affidavit of learned counsel for the Appellant, Mr. Lumatete Muchai sworn on the 22nd of June, 1995.…

…It is supported by the affidavit of learned counsel for the Appellant, Mr. Lumatete Muchai sworn on the 22nd of June, 1995.…

…Mr Khanna complains that the affidavit in support lacks particulars. It would of course have been as well to have included them.…

…The Application is supported by the affidavit of the second defendant.…

…In a supporting affidavit the plaintiff has explained that the land in dispute measures 15 acres, that he inherited it from his father, it is situated near River Tana and he has planted bananas, sugarcane and mango trees.…

…The result of the foregoing is that the without prejudice correspondence which the applicant annexed to his supporting affidavit is inadmissible. Accordingly the preliminary objection succeeds.…

…In paragraph 3 of his supporting affidavit Mr Shah for the applicant has cited 2 instances which undoubtedly show that the plaintiff has already been unable to satisfy 2 court decrees passed against him and it is clear that…

…He pass on the information to the said couple and further told the complainant that he will have to swear an affidavit that he was not married in Germany.…