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…Clearly there existed triable issues in this case not the least of which was as to the acreage of the land offered for settlement as the Affidavits and exhibited correspondence filed in the High Court in support of and against…

…However, the Affidavits and the letters exchanged between the representatives of the parties produced before the High Court during the hearing of the Notice of Motion disclosed a divergence of views about the acreage.…

…Mr P Nowrojee, assisted by Mr D Maanzo argued this application as per the eleven (11) grounds set out, supported by the 1st respondent’s affidavit and with reference to the authorities that both sides put forth.…

…Mr Mbaya concurred with Mr Nowrojee in most of the above, save to add that the petitioner in his affidavit seeking orders for substituted service had admitted that he had not served the petition in the 28 days from the day…

…The application is supported by an affidavit sworn by Mr. Gitobu Imanyara, Advocate who appeared for the Applicant. There are several annexures to the affidavit. I have perused them all.…

…The respondents are relying on two replying affidavits, one sworn by the Chairman of the First Respondent and the other by the returning officer, the Second Respondent.…

…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.…

…Two affidavits in support of the motion inter alia deponed that the High Court of Kenya had no jurisdiction to entertain the two suits.…

…DELAYS IN COURTS OF BOMBAY By his affidavit the plaintiff’s director was asking the court to take judicial notice of a notorious fact which was within his own knowledge.…

…The replying affidavit filed on behalf of the appellant in opposition to the respondent's application was sworn by it's sales manager, one Mungaithi.…

…It is a detailed affidavit and among the annextures to it are copies of the dishonoured cheques.…

…On May 10, 1979 the defendant’s advocate filed a summons for the setting aside of the ex parte judgment and filed an affidavit in support.…

…There is also an affidavit of the advocate briefed on behalf of the appellant dated July 25, 1979 for consideration.…

…In his affidavits in support of the present application the advocate of the Applicants had deponed that in his view, the notice of appeal was not competent and could not be served on the Respondent, until it had been signed…

…The application is supported by affidavits sworn by ATUL SHAH dated 8th May, 2007 and ROBERT FOULSER dated 24th January, 2007. The application was strongly contested.…

…At page 11 of the same I find an observation by the learned Judge as follows: “That to my view means that either by affidavit or the pleadings the Plaintiff ought to firstly show that the Defendant is likely to leave the…

…The application is supported by affidavits sworn by ATUL SHAH dated 8th May, 2007 and ROBERT FOULSER dated 24th January, 2007. The application was strongly contested.…

…At page 11 of the same I find an observation by the learned Judge as follows: “That to my view means that either by affidavit or the pleadings the Plaintiff ought to firstly show that the Defendant is likely to leave the…

…In order to rule on this the Court will have to call for affidavits of means from each side stating the income and expenditure in terms of s 25 (2) of the Matrimonial Causes Act cap 152 Laws of Kenya.…

…Mr NP Vohra has not explained his actions in an affidavit.…

…Mr Mutungi’s affidavit dated August 22, 1984 does not say when the Bank came to know of the orders of Masime, J. But equally, and just as important, there is no denial of lack of knowledge before the sale.…

…From the affidavits filed respectively in support as well as in opposition of the application the following facts appear to have given rise to this litigation:- 1.…

…Further, an affidavit by the general secretary speaks of the decision to exclude the plaintiff, and ends by saying, “I verily believe that most members and officials are of the opinion that plaintiff ought to have accepted…

…The brothers united to swear an affidavit and a supplementary one in support of that summons and from it more relevant facts emerged. The estate was likely to be worth Kshs 541,295.45.…

…Kinuthia, for the relatives, stressed the absence of any replying affidavit. Finally, Mr. Muite explained this was because no directions had been obtained in this matter. Mr.…

…The 2nd respondent’s motion was filed by Mr James Orengo, his advocate, who also swore an affidavit in support thereof.…

…So come the hearing day of the 2nd respondent’s motion, and the Court has before it an affidavit of service by one Mr Venant Mwakio Irina sworn on 25.1.93.…

…the deceased, it is shown at the bottom as having been amended on 1st November 1999, but the nature of the amendments have not been shown, as that as it way, the suit was filed in court sometime in March, 1997 From the affidavits…

…The learned counsels for the parties were content with facts disclosed by affidavits filed and their annextures, which facts I have substantially set out above.…

…the deceased, it is shown at the bottom as having been amended on 1st November 1999, but the nature of the amendments have not been shown, as that as it way, the suit was filed in court sometime in March, 1997 From the affidavits…

…the deceased, it is shown at the bottom as having been amended on 1st November 1999, but the nature of the amendments have not been shown, as that as it way, the suit was filed in court sometime in March, 1997 From the affidavits…