Case law
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Division and case type: Environment and Land CourtELC Land Civil Suit
…Mr Kogo learned counsel for the respondent stated that that the deponent to the replying affidavit could not execute the replying affidavit within the stipulated timelines as he was on leave.…
…Accordingly, the objection to the replying affidavit is devoid of merit.…
Division and case type: Environment and Land CourtELC Land Miscellaneous Application
…I agree that in law you cannot amend an affidavit, for reason that an affidavit comprises of evidence. To amend an affidavit would mean that one swore a false affidavit in the first place.…
…What one needs to do is only file a supplementary affidavit or an additional affidavit for purposes of clarification or elaboration of the first affidavit. 7.…
Division and case type: Environment and Land CourtELC Land Civil Suit
…date the oath or affidavit is taken or made.”…
…online interaction with the deponent and commissioned the affidavit.…
Division and case type: Environment and Land CourtELC Land Originating Summons
…discard the original affidavit, they ought to have file a further affidavit.…
…That inn the Amended affidavit thy have deleted some paragraphs.…
Division and case type: Environment and Land CourtELC Land Miscellaneous Application
…affidavit sworn by Anyona A.…
…If Solomon Nyagwoka Maragia wants to appeal out of time, I would expect to have an affidavit from him, requesting the court to allow him to appeal out of time. I have no such affidavit.…
Division and case type: Environment and Land CourtCivil Suit
…There was also filed a replying affidavit sworn by the 1st defendant/respondent.…
…Mogeni, learned counsel for the plaintiffs and the deponent of the supporting affidavit, argued that the affidavit contains facts that are fully within his knowledge and he is therefore competent to swear the affidavit. 7…
Division and case type: Environment and Land CourtPetition
…That it is settled law that depositions in an affidavit cannot be amended, and the amended affidavit must be struck out, with the further further amended petition with costs.…
…leave to file a supplementary affidavit instead of striking the Further Amended Supporting Affidavit out, as sought through the preliminary objection.…
Division and case type: Environment and Land CourtOriginating Summons (OS)
…Looking at her affidavit it would seem that she signed the affidavit in Nairobi and the Commissioner of Oaths signed it in Mombasa.…
…that the mere fact that the stamp used to Commission the affidavit indicates the address of the Commissioner of Oaths as being different from the place the affidavit is said to have been sworn is proof that the affidavit…
Division and case type: Environment and Land CourtAppeal
…Looking at her affidavit, it would seem that she signed the affidavit in Nairobi and the Commissioner of Oaths signed it in Mombasa.…
…It will therefore seem that her affidavit fails to comply with the requirements of section 5 Cap 15." It is not much an affidavit that is under oath. That being so the same is struck out. 14. …
Division and case type: Environment and Land CourtELC Land Civil Suit
…authority filed with the verifying affidavit, may swear the verifying affidavit on behalf of the others.…
…Yusra Ahmed Abdallah the 2nd plaintiff filed his replying affidavit, wrongly titled as “supplementary affidavit”, dated 11th June 2025.…
Division and case type: Environment and Land CourtELC Land Civil Suit
…As can be discerned from the grounds on the face of the application and the supporting affidavit sworn by Stanley Kagunza on 25th March 2025 and supplementary affidavit sworn on 5th June 2025, the application is postulated…
…He deposes that when the application came for inter parties hearing on 18th February 2025, the 1st defendant was given time to file a replying affidavit; that he filed a replying affidavit on 11th March 2025 dated 10th March…
Division and case type: Environment and Land CourtCivil Suit
…The contents of Paragraph 6 of the supporting affidavit were denied in toto.…
…Whether the Supporting Affidavit and Replying Affidavit are fatally defective for want of proper authority. 8.…
Division and case type: Environment and Land CourtELC Land Appeal
…Replying Affidavit 7. The application is opposed by the affidavit sworn on 4/04/2025 by Edwin Omulama Onditi counsel on record for the appellant. 8.…
…Applicants Further Affidavit 22.…
Division and case type: Environment and Land CourtELC Land Appeal
…APPLICANTS’ FURTHER AFFIDAVIT: 5. …
…THE APPELLANTS’ SUPPLEMENTARY AFFIDAVIT 7. …
Division and case type: Environment and Land CourtELC Land Petition
…’ application dated 4/4/2025, the previous Replying Affidavit having been struck out.…
…The application was opposed on the grounds contained in the petitioners’ Statement of Grounds of Opposition dated 21/5/2025 namely; that both the Supporting Affidavit to the application and the intended Replying Affidavit…
Division and case type: Environment and Land CourtELC Land Appeal
…on such affidavits….” 13. …
…swearing of an affidavit by an Advocate that renders it defective, but the swearing of an affidavit on contentious issues of which he or she has not knowledge of…” 15. …
Division and case type: Environment and Land CourtELC Environment & Planning Miscellaneous Application
…Advocates vide the Plaint and verifying affidavit sworn on 18th December 2024. That the verifying affidavit was drawn and commissioned by the same law firm. 5. …
…Ltd HCCC No. 1450 of 2000 that such an affidavit sworn in violation of section 4 (1) of the Oaths and Statutory Declarations Act is for all intents and purposes not an affidavit as envisaged in law and is not capable of being…
Division and case type: Environment and Land CourtELC Land Petition
…As confirmed in (c) above, the 1st & 2nd respondent filed their replying affidavit sworn on 11th May 2026 on the following day, 12th May 2026.…
…It follows that if 1st & 2nd respondents discovered that there were other documents they wanted to file through a further affidavit subsequent to the filing of their replying affidavit on 12th May 2026, they ought to have…
Division and case type: Environment and Land CourtELC Land Civil Suit
…On 1/7/2024, the two files were placed before Court; and affidavit showing cause had been filed in both files, the Defendant sought and was granted leave to file an affidavit in reply to the affidavit showing cause.…
…Henry Aswani Agusa filed an affidavit showing cause in this case No. Kapsabet ELCLC NO. E024/2023 whereat he is the Applicant while Elikah Mbone Okungi filed an affidavit showing cause Kapsabet No. ELCLC NO.…
Division and case type: Environment and Land CourtELC Land Civil Suit
…On 1/7/2024, the two files were placed before Court; and affidavit showing cause had been filed in both files, the Defendant sought and was granted leave to file an affidavit in reply to the affidavit showing cause.…
…Henry Aswani Agusa filed an affidavit showing cause in this case No. Kapsabet ELCLC NO. E024/2023 whereat he is the Applicant while Elikah Mbone Okungi filed an affidavit showing cause Kapsabet No. ELCLC NO.…