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…The petition was duly verified by an affidavit of a Director of the petitioner. The company filed a replying affidavit on 12th June 1996. That affidavit was worn by A.N. Kilonzo, the Company’s General Manager.…

…The affidavit of T G Kassam in support of the application and the annexture of correspondence since October 1977 to December 1977 make it abundantly clear that the allegation of sub-tenancy is a sham.…

…I do not wish to elaborate on other letters annexed to the aforesaid affidavit. Suffice it to affirm that there was no sub-tenancy as alleged or at all.…

…There was an affidavit in reply or answer, sworn by the defendant on 17th September, 1987, and there were affidavits sworn by Helida Abuonj w/o Nungo Oluoch and by Benedict Oluoch which were also dated 17th September, 1987…

…All three affidavits had been sworn about a year before this dispute arose and were unconnected with it.…

…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.…

…The Notice of Motion was supported by the affidavit of Kiraitu Murungi sworn on December 1, 1986.…

…In paragraph 13 of his affidavit, Mr Kiraitu set out in detail what the appellant had said about that ill-treatment.…

…On that day the late Mr Githieya appeared for the plaintiff and Mr Jiwaji for the defendant, when Mr Jiwaji applied for an adjournment on the ground that he had been served with replying affidavit only a day before.…

…s chambers in Nairobi the matter was being dealt with by a Mr Raballa who resigned from Government service and thereafter the file seems to have remained buried somewhere in the archives since, according to the replying affidavit…

…According to the affidavit on the Return of Service it is deponed that the Garnishee was served on October 17, 1990 for hearing on October 23, 1990.…

…It would also seem from an affidavit in support that the garnishee made some belated attempts to ascertain what happened from the court file but was not lucky.…

…These goods were said to be tools of trade of the second defendant, even though there was no statement in the affidavit of the defendant’s director as to what the second defendant is engaged in.…

…Learned counsel for the plaintiff pointed out, and the affidavit in reply is also clear on it, that the second defendant is also indebted to other people. This was not denied by the applicant.…

…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 support of the motion is an affidavit sworn by Simeone Saromae on 28.10.2020 filed in Court on 30.10.2020 in which he states interalia that: (1). That on 29.3.2020 the Learned trial Magistrate Hon. W. K.…

…It follows from the affidavit evidence that the applicant could not proceed to file an appeal from a Judgment he was not made aware of its existence.…

…The application is supported by an affidavit sworn by the applicant to which the learned counsel for the plaintiff has sworn and filed a replying affidavit and grounds of opposition.…

…In support of this application is the affidavit of the first plaintiff, David M Gitao. The facts deponed therein are essentially as averred in the plaint.…

…In the Chamber’s replying affidavit it is contended that the Governing Council had the right to terminate the membership of the plaintiffs and did so in pursuance of clause 9 of the Articles of Memorandum of the Chamber and…

…By June 19, 1989, when the affidavit was sworn, the letter had not been returned. The affidavit states, further, that the debtor owes the firm of Continental Credit Finance a sum of Shs 15,302,184.35 as at May 15, 1989.…

…Mr Mwirichia observed that there was no affidavit in support and that the application was supported by a report of the official receiver.…

…This is well supported by documentary evidence which were annexed to his supporting affidavit dated 13th of June, 1991.…

…dated 17th of June, 1991: 11) THAT paragraph 8 of the applicant’s affidavit is denied except to add that the applicant who was my friend then agreed on a grace period ending November, 1990 and payment to begin on instalments…

…In his affidavit in support of the application, the applicant has deponed that both the respondents are his estranged wives. That the ten (10) children are not his.…

…Momanyi for the respondents relied on the replying affidavit and added that the application is fatally defective for having been brought under the wrong section of the law.…

…The 1st defendant through its Company Secretary cum legal officer filed a replying affidavit of 22 paragraphs. The 2nd defendant did file a replying affidavit to this application through its legal manager.…

…In that regard, the 2nd plaintiff, who has sworn the affidavit in support of the application, depones that she and her husband were out of the country on the date the purported proclamation was made and there was therefore…

…In his affidavit, he acknowledges that he had to peep through the window in order to have a glimpse of the inside of the house.…

…In his affidavit in support of the application, the applicant has deponed that both the respondents are his estranged wives. That the ten (10) children are not his.…

…Momanyi for the respondents relied on the replying affidavit and added that the application is fatally defective for having been brought under the wrong section of the law.…

…The application is supported by the affidavit in support, annextures and oral submissions in Court.…

…The respondent/defendant has opposed the application on the grounds of opposition filed herein and replying affidavit as well as oral submission in Court.…