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…By swearing the affidavit on behalf of her client where issues are contentious, the advocate’s affidavit creates a legal muddle with untold consequences.…

…Indeed, the affidavit itself might be unnecessary.…

…and serve the replying affidavit out of time. 4.…

…it necessary to grant the Petitioners a chance to file and serve a further affidavit. 12.…

…In the Supporting Affidavit, the 1st ex parte applicant aver that the Replying Affidavit of 5 March 2024 filed by the 2nd Respondent did not honestly state the date the oath or Affidavit was taken or made.…

…The affidavits are undated, and subsequent affidavits are filed without leave of the court, contrary to the Civil Procedure Rules.…

…The respondent’s advocate on the other hand denied any such leave was sought and obtained and that the further affidavit was sneaked in with the submissions by the appellant.…

…The court ordered the matter for mention on 23rd October, 2018 at the same time expunged the affidavit expunged by the defendant from record.…

…One, the ex-parte applicant filed fresh affidavits and statutory statement instead of exhibiting or attaching the affidavits and statutory statement filed while seeking leave to commence judicial review proceedings. 9.…

…Two, the ex-parte applicant did not secure the leave of the Court to file the new affidavits/statutory statement. 10.…

…As can be discerned from the replying affidavit, the Respondent opposes the instant application on the following grounds; a.…

…The deponent of the supporting affidavit has not shown, by submitting a letter of authority from the Applicant company, that she has the authority to depose the affidavit on its behalf. c.…

…The affidavit attached to the application is that of the appellant. This variance is not explained.…

…Determination As outlined above, the instant application is grounded on the averments that the supporting affidavit is that of Salma Mohamed Said, but this is not the case. A different affidavit has been filed.…

…an advocate from giving evidence whether verbally or by declaration or affidavit on formal or non-contentious matter of fact in any matter in which he acts or appears.” 3.…

…Oketch argued that the replying affidavit sworn by Mr. Makokha made averments on what was made by other parties in their affidavits. Decision 7.…

…The Record of Appeal was filed on 11 December 2023, but there is no affidavit of service that it was served. 5.…

…The Senior Principal Magistrate declined the invitation and in dismissing the Motion noted that there was no explanation for the 5 months’ delay in filing the application and that the affidavit in support of the Motion had…

…Salim avers in the Supporting Affidavit that no director of the respondent was served with summons and that the Affidavit of Service dated 4 April 2024 is incorrect.…

…The Affidavit for Service by Peter Simiyu, dated 4 April 2024, states that service occurred on 5 October 2024.…

…The contested affidavit of service indicated that service was effected on a person called Munene who refused to sign(page 112).…

…The said Munene filed an affidavit and denied the service (115-118 of RoA ).The appellant filed notice to produce and cross-examine the deponent of the affidavit of service dated 25th November 2022. 13.…

…Evidence by way of affidavits in an application for injunction is not complete.…

…Moreover, the second aspect is that the bank has not stated in any affidavit that it would be prepared to pay damages of the order of Kshs 20,000,000.…

…February, 2023 in which it stated in the main that National Union for Water and Sewerage (NUWASE) Garissa Branch did not have locus standi to bring the application dated 22nd February, 2023 and further that the deponent to the affidavit…

…to the application lacked the capacity to swear the affidavit as General Secretary of the claimant as he was not the registered Secretary of the claimant.…

…That proof of service is by an affidavit of service under Order 5 Rule 15 of the Civil Procedure Rules and the Decree holder had not demonstrated service by Affidavit of Service.…

…A copy of the Affidavit of Service by Brian Fredrick Otieno sworn on 16th November, 2023 reveals that copies of Certificate of Urgency, Notice of Motion, Supporting Affidavit, Hearing Notice and the documents thereon from…

…Annexed to the affidavit was demand letter dated 9th October 2018 and affidavit of service dated 4th July 2020 by Antony S. Lyuba.…

…Counsel relied on the affidavit of service by Antony S. Lubwa of 29th July 2019 annexed in the further affidavit of Eng.…

…The application was supported by the affidavit of Dennis Kathia who deponed among others that: a) THAT I work with The Heritage Insurance Company Limited (hereinafter referred to as “the company”) as its Claims Analyst/Legal…

…Further the deponent did not depone how he derived authority to swear the affidavit in support of the application. The said affidavit therefore rendered the application incompetent.…

…APPLICATION NO.NAI. 214 OF 1998 BETWEEN NATIONAL CEREALS & PRODUCE BOARD.......................APPLICANT AND ALBERT ONGARO..........................................RESPONDENT R U L I N G I have read the notice of motion and the affidavit…

…Ezekiel Gilbert Omollo, the Principal of the College and 1st Respondent, and a member of the Board filed replying affidavits in opposition to the Petition on 22 May 2024. 12.…

…The affidavits exhibited letters signed by the 1st Respondent appointing members of the shortlisting/interview panels. 13. Pursuant to leave, the Petitioner filed a further affidavit and submissions on 30 May 2024. 14.…

…The matters raised can only be determined by examining facts, thus requiring the receipt of evidence either orally or by affidavit. The objection is therefore improperly taken.…