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…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 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.…

…And in a replying affidavit sworn on 20.6.1998, Mr.…

…In the replying affidavit sworn by Mr. Salim Danji on 30.6.1998, no reference is made in paragraphs 1 and 2 of Mr. Kaptens affidavit.…

…The appeal record does not have any affidavit in reply from Rucathi to any of this.…

…There seems to have been no affidavit or evidence in any other form in reply to all this. When this summons came before the judge Mr Ngubuini appeared for Gathigia and Mr Ole Kaparo for Ruchathi.…

…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.…

…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.…

…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.…

…XXXVI rule 3D of the Civil Procedure Rules – the Rules provides that: “3D (1) An application under section 38 of the Limitation of Actions Act shall be made by Originating Summons. (2) The summons shall be supported by an affidavit…

…Summons dated 28th October, 1991 which was subsequently amended on 13th February, 1992 and filed in the superior court on the following day and re-amended on 24th March, 1993 annexed to which was the requisite 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.…

…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 3rd ground is that the cheque annexed to Mr Sonpal’s affidavit is for Kshs 1,000,000 whereas the plaintiff’s claim is for Kshs 1,795,595.85.…

…Ground 6,7 and 10 relate to lack of consideration and state (inter alia) that consideration for the payment of 1.5 million shillings which the plaintiff has in the supporting affidavit said was advanced to Harcom Printers…

…In his affidavit in support of the summons, he stated in the following paragraphs as: 4.…

…Those affidavits constituted the pleadings in this matter.…

…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…

…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…

…I have found that I cannot decide on such issues on affidavit evidence alone, I have to hear the oral evidence. ... I will now go ahead and hear oral evidence in this case.".…

…that the proceedings should for any reason be continued as if the cause had been begun by filing a plaint, it may order the proceedings to continue as if the cause had been so begun and may, in particular, order that any affidavits…

…Consequently prior to the hearing hereof, the parties by consent agreed to have the affidavits by the drivers of the vehicles to be treated as evidence in this case.…

…The plaintiff in addition to the affidavit evidence and evidence in the lower court called three witnesses while the defendant called 1 witness.…

…Consequently prior to the hearing hereof, the parties by consent agreed to have the affidavits by the drivers of the vehicles to be treated as evidence in this case.…

…The plaintiff in addition to the affidavit evidence and evidence in the lower court called three witnesses while the defendant called 1 witness.…

…The appellant explained the grounds of his absence in support of his application in the affidavits he swore on November 30, 1981, and April 13, 1983.…

…The first affidavit was in support of the application filed by DM Mareka, advocate, but withdrawn on March 3, 1983, and the second affidavit was in support of the renewed application which the appellant himself filed in April…

…Mr Mutai did not also annexe a copy of such a letter to his replying affidavit.…

…He neither annexed to his affidavit any letter of authority from the District Commissioner nor depone in the replying affidavit that he was the Chairman of the Manyatta Divisional Land Control Board through appointment by…