Case law
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Division and case type: CivilCivil Case
…In support of this ground the Managing Director of the plaintiff one Horatius Da Gama Rose has sworn a supplementary affidavit on 6th November 1986.…
…In the affidavit of Robert William Fisher Armstrong sworn in opposition to the application and filed herein on the 7th November, 1986, it is deponed in paragraph 8 as follows- “8.…
Division and case type: Milimani Commercial CourtsCivil Case
…The present plaintiff/applicant’s application is supported by the affidavit of its counsel annexed thereto.…
…According to paragraph 7 of the said affidavit, at about 8.45 a.m. on 8.1.95 the counsel for the plaintiff/applicant appeared before the Deputy Registrar of this court and was informed that there was no Judge available and…
Division and case type: CriminalCriminal Appeal
…The oral application made by the children’s officer, without any affidavit in support denied the appellant an opportunity of challenging the whole proceedings. The procedure adopted was wrong.…
…In any other case an application had to be made supported by an affidavit. The conviction of the appellant was unprocedural and most unsafe and cannot be allowed to stand.…
Division and case type: CivilCivil Suit
…The application is supported by the Applicants’ affidavit of 22nd September 2005 wherein he has sworn that he is registered as lessee for a term of 99 years of the suit premises.…
…From the copies of receipts annexed to his Further Affidavit the amounts paid total about Shs 53,000/=. In his supporting affidavit he says he expended Shs 4,760/= in purchasing fencing materials.…
Division and case type: CivilCivil Suit
…In the affidavit in support of the application in case NAI 33 of 1983 (relating to the other applicant) Mr Wamae stated that it was this applicant’s failure to pass on the result of the case (of which Mr Wamae had informed…
…As Mr Gathuru says, the nature of the confusion which existed in the mind of the clerk was not specified in the affidavit of Mr Wamae, neither did the clerk himself swear an affidavit.…
Division and case type: CivilCivil Case
…In the affidavit in support of the application in case NAI 33 of 1983 (relating to the other applicant) Mr Wamae stated that it was this applicant’s failure to pass on the result of the case (of which Mr Wamae had informed…
…As Mr Gathuru says, the nature of the confusion which existed in the mind of the clerk was not specified in the affidavit of Mr Wamae, neither did the clerk himself swear an affidavit.…
Division and case type: CivilCivil Case
…In paragraph 5 of the plaintiff’s supporting affidavit it is averred that the defendant “had not obtained approved plans to construct the disputed house at the particular site where it is being constructed illegally.”…
…In paragraph 6 of the same affidavit the plaintiff also avers that the said house is being constructed in “at a place or area which is a prime site specially reserved for further development and extension of the restaurant…
Division and case type: Constitutional and Human RightsPetition
…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.…
Division and case type: CivilCivil Case
…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.…
Division and case type: CivilCivil Case
…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.…
Division and case type: CivilCivil Case
…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.…
Division and case type: CriminalCriminal Appeal
…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.…
Division and case type: CivilCivil Appeal
…In a subsequent affidavit sworn by Mr. Mohamed on 7th October, 2004, he admitted, as contended by Mr.…
…In response to the matters deponed to above, an affidavit in reply was sworn by a Manager of Aberdare, Mr.…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Case
…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…
Division and case type: CivilCivil Suit
…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.…
Division and case type: Milimani Commercial CourtsCivil Case
…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.…
Division and case type: CivilCivil Suit
…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…
Division and case type: CivilCivil Appeal
…counsel to specify the particular ground he relies on so as not to take the opponent by surprise we see no prejudice to the appellant in the superior court as the application was stated to be based on the grounds in the affidavit…
…of the applicant (respondent to this appeal) which affidavit (paragraph 3 thereof) referred to delay of fair trial of the action which ground falls under order V1 rule 13 (1) (c).…
Division and case type: Environment and LandLand Case
…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.…