Case law
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Division and case type: CivilMiscellaneous Application
…There was no formal application supported by an affidavit as is required but at his request I agreed to hear the application for my disqualification.…
…For this purpose a copy of the Notice of Motion made in Civil Application No NAI 282 of 1998 filed on 31st January 2000 and a copy of Mr Deverell’s affidavit therein made were produced by consent.…
Division and case type: CivilCivil Appeal
…There was no formal application supported by an affidavit as is required but at his request I agreed to hear the application for my disqualification.…
…For this purpose a copy of the Notice of Motion made in Civil Application No NAI 282 of 1998 filed on 31st January 2000 and a copy of Mr Deverell’s affidavit therein made were produced by consent.…
Division and case type: CivilCivil Suit
…The affidavit of the 1st plaintiff’s secretary says that that meeting would not go on because there were only two shareholders present namely the respondent and the plaintiff / applicant No 2.…
…The 2nd applicant states in her affidavit that the defendant being the sole signatory to the banks accounts “will use up and deplete the moneys of the company which is heavily indebted to several creditors in substantial…
Division and case type: Constitutional and Human RightsElection Petition
…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…
Division and case type: CriminalCriminal Case
…This application is supported by the grounds stated on the body thereto and the matters disposed to in the Supporting Affidavit sworn by the applicant. 2.…
…This application was opposed by the Respondent, Counsel for the 1st defendant relied his client’s replying affidavit sworn on 1/9/2009.…
Division and case type: FamilySuccession Cause
…This application is supported by the grounds stated on the body thereto and the matters disposed to in the Supporting Affidavit sworn by the applicant. 2.…
…This application was opposed by the Respondent, Counsel for the 1st defendant relied his client’s replying affidavit sworn on 1/9/2009.…
Division and case type: CivilCivil Appeal
…The application was supported by an affidavit of the appellant's then advocate and based solely on the ground of non-service. The learned Judge was satisfied that there was service which when shown to Mr.…
Division and case type: Milimani Commercial CourtsCivil Case
…This application is supported by the grounds stated on the body thereto and the matters disposed to in the Supporting Affidavit sworn by the applicant. 2.…
…This application was opposed by the Respondent, Counsel for the 1st defendant relied his client’s replying affidavit sworn on 1/9/2009.…
Division and case type: GeneralUnclassified
…The applicant is also granted leave to file a further replying affidavit incorporating the Notices of Appeal so filed. We make no order as to costs. Made at Nairobi this 3rd day of June, 1999. J. E.…
Division and case type: Constitutional and Human RightsPetition
…The Chamber Summons is supported by a statutory statement, a verifying affidavit and supporting affidavit, all dated 123rd November 2007 and sworn by the Applicant.…
…The Affidavit does not demonstrate how the Respondents so acted. It is not enough first to make unsubstantiated allegations.…
Division and case type: Constitutional and Human RightsPetition
…The Chamber Summons is supported by a statutory statement, a verifying affidavit and supporting affidavit, all dated 123rd November 2007 and sworn by the Applicant.…
…The Affidavit does not demonstrate how the Respondents so acted. It is not enough first to make unsubstantiated allegations.…
Division and case type: Milimani Commercial CourtsElection Petition
…However, Mr Mukele, the learned counsel for the 2nd respondent has deponed in his affidavit in support of the Notice of Motion: “THAT I carefully perused the Gazette Notice and found that the service of the petition was published…
…The only place where rules of Civil Procedure may apply is on the witness affidavits. Witness give affidavit evidence in election petitions. The process is clearly set out and rule 18(7) provides: “7.…
Division and case type: CriminalCriminal Appeal
…In his supporting affidavit Mr. Gross, learned counsel for the applicant, freely, and quite properly, admits that the exclusion of a certified copy of the order from the record of appeal was entirely his own fault.…
Division and case type: CivilCivil Appeal
…Mr Buti for the Ist respondent, in his affidavit in reply to the application has deponed, inter alia, that he applied for copies of proceedings on 23rd of April, 1997, but that he was not advised to go for them until 11th…
…Counsel for the Ist respondent, has deponed in his affidavit herein, that the grounds which were relied upon in both applications were the same as those relied on in this application, a fact the applicant did not dispute.…
Division and case type: CivilCivil Case
…Mr A L R Shah, deponed in the affidavit in support of this application that he did not receive the hearing notice.…
…It is quite clear from the affidavit evidence before me and the record that the applicants were not personally to blame for their non-appearance and non-representation at the trial of this case.…
Division and case type: CONSTITUTIONAL AND HUMAN RIGHTS DIVISIONPetition
…In the affidavit supporting its application, the Proposed Interested Party has attached correspondence with National Land Commission, the Commission on Administrative Justice, the National Environment Management Authority…
…Further, in a letter dated 16th November 2016, which is attached to the Supplementary affidavit of Peter Kuguru, Director of the Petitioner sworn on 1st December 2016, the First Respondent has acknowledged receipt of the…
Division and case type: CivilCivil Appeal
…In reserved rulings he observed that the pleadings as filed disclosed disputed facts and law which made the controversy so focused on such a diversity of questions going beyond affidavit materials and interlocutory arguments…
…That allegation, could not, as pointed out by the learned Judge, be rebutted by the affidavit evidence.Secondly, that the interest charged on the principal sum was not only unreasonable but also unconscionable and manifestly…
Division and case type: Milimani Commercial CourtsCriminal Appeal
…Although Hannah, the applicant’s wife swore in her affidavit of December 11, 1986 that the applicant had had to attend regular medication drugs and had to be attended very keenly and delicately as he is developing bouts of…
…Hannah stated in her affidavit of December 8, 1986 that if the applicant were to be kept in prison his condition was likely to worsen with unpredictable consequence.…
Division and case type: CivilCivil Appeal
…The Affidavit further deponed that the matters in dispute related to the termination of the agreement, delays the plaintiff, and, what if any, sums were due to the plaintiff.…
…The Managing Director of the plaintiff swore a replying affidavit in which he deponed that the matters in dispute set out in the plaint both in fact or law did not fall within the scope of the arbitration provision: that…
Division and case type: CivilMiscellaneous Application
…We allowed this application and on 26th November, 1986 the applicant lodged a copy of the proceedings before the Registrar of Trade Unions, Nairobi duly verified by the affidavit of Geoffrey Sammy Muhanji, the National General…
…Rule 7 (1) of Order LIII of the Civil Procedure Rules, where relevant in regard to proceedings, requires a copy of the said proceedings verified by affidavit to be lodged with the Registrar of this court before the hearing…