Case law
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Division and case type: Constitutional and Human RightsPetition
…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.…
Division and case type: CivilCivil Case
…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.…
Division and case type: CivilCivil Case
…Infact the suit was listed contrary to the deponment by Mr Mbugua in his affidavit dated 17th May 1990.…
…Indeed a copy of the cause list which they have annexed to the supporting affidavit has the case first on the list of matters which were listed before me. That excuse does not avail the applicants.…
Division and case type: GeneralUnclassified
…Supported by prior affidavit of the applicant.…
…I have considered the application as well as the affidavit in support and the submissions by counsel for the applicant and the learned state counsel and it can’t be said that this application lacks in merit which the applicant…
Division and case type: Milimani Commercial CourtsCivil Case
…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…
Division and case type: CivilCivil Appeal
…In a supporting affidavit, it was deponed on behalf of the applicants that in the year 1986, each applicant was a final year student at the respondent college.…
…Now I need to refer to the affidavits which were sworn on behalf of the college. On January 11, 1989, the College Registrar swore an affidavit in answer to the notice of motion.…
Division and case type: CivilCivil Appeal
…It was supported by the groundS stated on the body of the application and also the affidavit deponed to by the applicant’s counsel.…
…The ground on the body of the application and the supporting affidavit were simply that pursuant to the court order dated 17th May 1993 counsel for the appellant deposited into court Kshs.10,000/= each in respect to HCCA…
Division and case type: CivilCivil Case
…The application was supported by the affidavit of Peter Njenga, the plaintiff himself.…
…longer employed by the 2nd respondent and therefore has no control over the affairs of that company his fear is that that company might be using his title deed to make further borrowings see paragraph 17 of Peter Njenga’s affidavit…
Division and case type: CivilCivil Appeal
…Mr Satchu, on behalf of the respondents, said that this affidavit was filed during the adjournment on February 14.…
…It is clear that directions should have been given on the trial of issues arising from the affidavits, and Mr Kiamba would not have been rushed into this foolhardy statements, which did not tally with this client’s affidavit…
Division and case type: Milimani Commercial CourtsUnclassified
…The application is supported by the annexed affidavit of Abid Ali Hashim, the applicant. The application is opposed. Antony Kihonge Muhia swore a replying affidavit in opposition to the application.…
…In the said affidavit, he deponed that the Nairobi Chief Magistrate’s court had jurisdiction to hear and determine the suit since he had initially purchased the motor vehicle from a motor vehicle dealer in Nairobi.…
Division and case type: CivilCivil Appeal
…He was taken through the pleadings and the affidavits with their annexures.…
…In his replying affidavit the defendant confirmed what he had put down in writing in his statement of defence. In paras 2 and 3 of that affidavit the defendant says: ‘2.…
Division and case type: CivilCivil Case
…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.…
Division and case type: CivilCivil Case
…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.…
Division and case type: CivilCivil Appeal
…The originating summons was supported by an affidavit which set out in detail the grounds for the application.…
…. (3) Any such application made after the filing of a suit shall be made ex-parte by summons in that suit supported by affidavit.…
Division and case type: CriminalCriminal Case
…The application is also supported by the applicant’s 32 paragraphs supporting affidavit, whose contents I find unnecessary to set out herein; in view of the nature of the instant applicant.…
…It is clear from the foregoing that it is not necessary to resort to filing of affidavits and submissions in support of or in opposition to an application for revision.…
Division and case type: Milimani Commercial CourtsCivil Case
…The application is supported by an affidavit sworn on 7.9.2001 by Hasmukh Kanji Patel a director of the plaintiff company which shows that the claim by the plaintiff against the defendant arises from goods said to have been…
…The same affidavit further reveals that when payment for the goods was not forthcoming, the plaintiff’s advocates demanded payment of the amount due being Shs.1,586,735.50, to which demand the defendant responded as follows…
Division and case type: Milimani Commercial CourtsCase number Civil Application
…According to the annexures to Flynn’s affidavit Ashford issued the defendant with a credit note in respect of the fungicide for Kshs 991,750 (dated August 28, 1984) and another credit note for Kshs 623,125 (dated August 25…
…It is not clear from Flynn’s affidavit what the relationship is between these two credit notes, but it is clear that the defendant received credit from Ashford and it appears to be in respect of the fungicide, the subject…
Division and case type: CivilCivil Appeal
…This default is admitted by the appellant in his replying affidavit.…
…This default is also admitted by the appellant in his replying affidavit although he says that he has put the matter right by filing a supplementary record of appeal containing those documents.…
Division and case type: CivilCivil Appeal
…The supporting affidavit of this application does not support way of the orders sought.…
…For instance, no affidavit evidence has been adduced to show that the respondent has failed to take an essential step in resect of its appeal.…
Division and case type: CivilCivil Case
…The application was supported by an affidavit deponed to by the applicant and filed herein together with the same.…
…The case was heard in court on 5th July, 2000, 19th July 2000, 11th October, 2000 and 18th october, 2000 with the plaintiff repeating as nearly as possible the facts he deponed to in the supporting affidavit and repeated…