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…He pointed out that the first Defendant had not filed any replying affidavit and that he could not rely on the affidavit that had been sworn by the second Defendant.…

…the affidavit on behalf of the first Defendant.…

…The application is supported by the affidavit of Mr Magugu sworn on 7th December, 1994.…

…In their grounds of objection and replying affidavit, Mr Magugu and Inns Ltd contended that it was a condition for the payment of the respondents’ fees that Inns Ltd obtained finances to undertake the project; that Inns Ltd…

…There is evidence (oral and affidavit ) to show that as at 1st August, 1986 the company was indebted to the Petitioner, for moneys lent and advanced, in the sum of shs 946,615/70 and that on 22nd September, 1986 the necessary…

…Those are the claims contained in the affidavit sworn on 28th July, 1987 by John Joseph Kinyanjui, a director and major shareholder of the company.…

…The application is supported by the supporting Affidavit of the petitioner in which he deposed as follows; (i) THAT I am the Petitioner/Applicant herein hence competent to swear this Affidavit.…

…(iv) THATI reiterate in full the contents of my Affidavits respectively filed in response to the Affidavit sworn in support of the Petition herein, the.…

…The application is supported by the supporting Affidavit of the petitioner in which he deposed as follows; (i) THAT I am the Petitioner/Applicant herein hence competent to swear this Affidavit.…

…(iv) THATI reiterate in full the contents of my Affidavits respectively filed in response to the Affidavit sworn in support of the Petition herein, the.…

…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.…

…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.…

…In his supporting affidavit to the originating summons, the appellant deponed as follows:- 1. . THAT I am the plaintiff/applicant in this case and therefore entitled to make this affidavit. 2.…

…That I swear this affidavit in reply to the applicant’s affidavit supporting his originating summons and reply that the applicant herein has no locus standi to have himself registered in my land by way of adverse possession…

…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.…

…(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.…

…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.…

…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.…

…On this last issue, it is not clear what matters were ignored, but in general the judge should rely principally upon the affidavits; and if there is important information for consideration it ought to be put on affidavit,…

…The process server enlarged the details of service in his affidavit dated May 16, 1986 in reply to that of Mr Baiywo. The latter affidavit dated May 12, 1986 is comprised of three important statements.…

…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.…

…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…

…There was also an affidavit in support of the application sworn by Martin Gichohi Mwaniki, the advocate conducting the matter on behalf of the applicant and who swore that he was authorised by the applicant to swear the affidavit…

…The facts as stated in the record and in the affidavit in support of the application, are not in dispute. Mr.…

…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…

…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.…

…It is unfortunate that even the replying affidavit filed by Mr Patel on September 18, 1986 and served on the same day no further affidavit by the applicant has been filed in answer to that replying affidavit.…