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…The background to this was set out in an affidavit of the applicant which was filed in support of the motion.…

…There was no affidavit in reply to all this but the facts set out in the applicant’s affidavit are not the only basis for this order.…

…A Photostat copy of that delivery note was annexed to the respondent’s affidavit in support of his application for summary judgment dated 10th March, 1992.…

…In its replying affidavit in opposition to the respondent’s application for summary judgment dated 18th March, 1992 the appellant denied having received this letter claiming that the initials on the delivery note did not…

…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.…

…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.…

…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.…

…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.…

…The respondent had sworn an affidavit in the superior court, the first four paragraphs whereof, were admitted by the appellant.…

…In paragraphs 3 and 4 of her said affidavit the respondent states that the appellant agreed to sell to her the suit property at a price of K.Shs.3,500,000/= 10% of which sum was to be paid as deposit in two stages; Shs.100,000…

…To support this assertion, she annexed to her affidavit , a medical certificate signed by a Dr James Kamau who certified that “during the last seventeen months or so, Mrs Lilian Wairimu Kinyani has been bedridden with polyathritis…

…I can only assume that the point is being abandoned.The 1st respondent who appeared by Counsel, has produced no affidavit evidence to support his complaint of non service.Counsel for the 1st respondent urged repeatedly for…

…There was no replying affidavit from the respondents.…

…There was no replying affidavit to challenge the appellant’s affidavit evidence that it was not until 1977 that he became aware of that report.…

…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.…

…On that application upon which the applicant did not file a replying affidavit, judgement was entered in terms of that application on 26th January 1988.…

…The defendant has to file a defence or an affidavit in answer to that claim. It is only then that Order 35 can apply for summary judgement where the defendant has entered appearance but has not filed a defence.…

…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.…

…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.…