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…The said application is supported by affidavits sworn by Mr Charles Mungui Maranga. The application is opposed and there are affidavits to that effect, sworn by Mr Akelola.…

…I bear in mind that as at this stage the only evidence I have is by way of affidavits and annextures. This evidence has not been subjected to crossexamination.…

…This application is based on the affidavit sworn by the first plaintiff on the same day and annexed to the said application.…

…I bear in mind the affidavits of the parties on record and the submissions by both counsel.…

…In paragraph 5 of the plaint and in two affidavits of Peter Ndungu Kimani the plaintiffs claim that they are all members of the 1st defendant society and have attached to those documents photostat copies of share certificates…

…The first defendant however denies this and in his affidavits of 9th February and 29th March 1989 the Chairman of the 1st defendant it is claimed that the share certificates and the numbers the plaintiffs claimed to have…

…In support of this ground the Managing Director of the plaintiff one Horatius Da Gama Rose has sworn a supplementary affidavit on 6th November 1986.…

…In the affidavit of Robert William Fisher Armstrong sworn in opposition to the application and filed herein on the 7th November, 1986, it is deponed in paragraph 8 as follows- “8.…

…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…

…I bear in mind that as at this stage I only have affidavit evidence that has not been tested under cross-examination.…

…This is the position taken by the Bank through its Chairman Mr Sio who has sworn an affidavit in these proceedings and the plaintiff.…

…However, Mr Mukele, the learned counsel for the 2nd respondent has deponed in his affidavit in support of the Notice of Motion: “THAT I carefully perused the Gazette Notice and found that the service of the petition was published…

…The only place where rules of Civil Procedure may apply is on the witness affidavits. Witness give affidavit evidence in election petitions. The process is clearly set out and rule 18(7) provides: “7.…

…On14th March, 1989, Mr A.A.K.Esmail for the Creditor filed his affidavit stating that on 25th February, 1988, the creditor, sued the debtor in High Court Case No 696 of 1988 for possession of premises known as L.R. 37/142…

…The other point raised by Justus Kalinga in his further affidavits that this petition cannot be determined until the final determination of the said appeal.…

…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.…

…The application is supported by an affidavit sworn by the plaintiff. That affidavit elaborates the above grounds. The application is opposed and there is a replying affidavit sworn by Mohamud Ahmed Mohamud.…

…The affidavit has numerous annextures including copies of a certificate of Title of the suit property, pleadings in HCCC No.82 of 2006 between Matex Commercial Supplies Ltd and the defendant, a Ruling of Warsame J in the…

…DEFENDANT R U L I N G Under O.38 r 5 of the Civil Procedure Rules this court may at any stage of proceedings upon being satisfied either by Affidavit or otherwise that the defendant with intent to obstruct or delay the execution…

…The plaintiff swore an Affidavit to that effect and also called the witness who not only swore an Affidavit in further support but also gave Viva Voce evidence.…

…He has annexed an agreement to his affidavit which, according to him, verifies the dissolution of the said marriage.…

…The Plaintiff’s affidavit is categorical that a marriage under Taita Customary Law subsists between her and the 1st Defendant.…

…The application was supported by an affidavit of Fredrick N.…

…There was a replying affidavit and grounds of opposition filed by the firm of messrs Nyachae and the contents of the supporting affidavit.…

…The application was supported by an affidavit of Fredrick N.…

…There was a replying affidavit and grounds of opposition filed by the firm of messrs Nyachae and the contents of the supporting affidavit.…

…In his ruling the learned judge was clearly conscious of the fact that the application then before him could not be decided on a consideration of the opposing affidavits, but that, having regard to those affidavits, it was…

…Mr Lakha began by referring to Mr Panesar’s affidavit of September 23 in which he specifically refuted the suggestion that Dynamics Engineering Ltd was ever intended to be run as a partnership.…

…There was only one accompanying affidavit in support and that was by Nyamogo, the 1st applicant. The detailed acts of refusal are deponed to therein.…

…However, in his replying affidavit sworn on 16th November, 1993, and filed on the same day Mr Malakwen states and we quote: “I have now seen the notice of motion dated 28th October, 1993, and an affidavit sworn by one Mr…

…It is true that in the plaint and the affidavits in support of the injunction application, it is averred that the 2nd respondents’ use of the facilities and perquisites of the 1st respondent would give him an unfair advantage…

…The issue of locus standi is not a matter to be considered in the abstract and apart from the surrounding circumstances which I have already alluded to, there are other relevant matters revealed in the affidavits filed in…

…It is not in dispute that the first respondent has not in all the pleadings, correspondents, affidavits and documents disclosed its physical address. Its only address is given as P. O. Box 88892, Mombasa.…

…The application is supported by affidavit of the applicant sworn on 19/9/88 in which he depones inter alia that he has never been served with summons to enter appearance; that it is on 30/8/ 87 when court broker came to his…

…Mr Kassamali Mohamed Noorani does not in his affidavit mention the issue of service. Mr Kasmani for respondent however referred to return of service and said that service was proper.…