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…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.…

…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…

…The respondent Steelcord Tyres Limited, as the defendant in the suit did not file any grounds of opposition, or any affidavit in reply. They had however filed a defence denying the plaintiff’s claim.…

…In support of the application the plaintiff swore one affidavit. To it he attached several copies of documents. The first one is a copy of the dishonoured cheque.…

…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…

…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.…

…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.…

…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…

…His clients had however, sworn affidavits in opposition of the application. From the affidavit evidence before me it is clear that the respondents have an interest and rights over the suit property.…

…They have deponed in their affidavits that Kigotho Kabiru Njuguna (under Kigotho) who the applicants allege is their landlord, has no interest or rights over the property.…

…John Maguru Njoroge, the Respondent herein, filed an affidavit of Protest to oppose the Summons. The dispute was heard by Hon. J. Gathuku, learned Resident Magistrate.…

…By his ruling delivered on 20th April 2009, the learned Resident Magistrate proceeded to confirm the grant on the terms of the affidavit of Protest. In other words the only asset of the Estate i.e. L.R. NO.…

…This much is clear from the affidavit in support of the application to strike out the notice of appeal which was filed by the defendant (the present respondent) against Nyarangi, J’s judgment on July 22, 1980.…

…submissions that the High Court file has been lost, and we are also informed that the decree, a vital document for the purpose of our jurisdiction, has not been drawn despite the contents of paragraph 10 of the supporting affidavit…

…This much is clear from the affidavit in support of the application to strike out the notice of appeal which was filed by the defendant (the present respondent) against Nyarangi, J’s judgment on July 22, 1980.…

…submissions that the High Court file has been lost, and we are also informed that the decree, a vital document for the purpose of our jurisdiction, has not been drawn despite the contents of paragraph 10 of the supporting affidavit…

…The application has been brought under Orders 35 rule 1(a) and Order VI rule 13 (1) (b) and (d) of the Civil Procedure Rules and is supported by an affidavit sworn on June 12, 2000 by Lucy Wairimu Wamae, a director of the…

…In her affidavit in support of the application, Lucy Wairimu Wamae depones that the plaintiff’s claim arises out of a contract agreement to transport milk and milk products.…

…The affidavit of the applicant in support of the former originating summons showed that the applicant there as in the instant originating summons, based his claim on adverse possession.…

…The issue of whether possession “since 5.7.1976” (as he says in paragraph 6 of his present affidavit) was adverse possession, was not, and could not be before Mr Justice Joseph Butler – Sloss in the 1979 case.…

…The application was supported by the affidavit of John Macharia Muhuni, counsel who had the conduct of the suit at the time of its dismissal and whom Mr Kabuki held his brief then and on the day before that.…

…There was a further affidavit which he swore and filed on the morning of 24th May, 1989, the date this application came for hearing.…

…Once more this court stated as follows: "Upon consideration of the matters deponed to in the supporting affidavit sworn by Wanjau, and in view of the fact that the respondent has been served and not complied with Order 50…

…The applicant's main ground for seeking review of the judgment and thereafter vacating judgment in issue were laid out in his affidavit in support of the application and they are mainly as follows: He had been let down by…

…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.…

…in the affidavits.…

…One Arthur Ndegwa, a surrogate of the Commissioner swore an affidavit which cannot be described as a simple affidavit.…

…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 a supporting affidavit of Paul Chemwono the Managing Director.…

…applies to the present counsel on record as he too has not filed a replying affidavit to that application.…