Case law
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Division and case type: CivilCivil Case
….…… DEFENDANT RULING The motion before the court is based upon the Affidavit of JAO Adera Chief Legal/corporation Secretary of the plaintiff Bank. The plaintiff prays for orders:- 1.…
Division and case type: Environment and LandCivil Suit
…the supporting affidavit on their behalf.…
…Whether these are to swear a joint affidavit or each is to file a separate affidavit. This leads to the question as to whether a joint affidavit is provided for within the rules.…
Division and case type: CivilCivil Appli
…EAST AFRRICANRECORDS LTD E60, Sir O'Connor P. [1959]EA 360 "The affidavit of Mr.…
…The Court should not act on such affidavit and Mr.…
Division and case type: Milimani Commercial CourtsCivil Case
…The application is supported by the annexed affidavit of Raj Harish Devani, a Director of the Plaintiff Company, sworn on 30th June, 2010; and two supplementary affidavits sworn by the said Director on 6th July, 2010 and…
…The 2nd Defendant also filed a replying affidavit sworn by one Moses Mbugua, its Chief Executive Officer on 9th June, 2010.…
Division and case type: CivilCivil Suit
…The application is supported by an affidavit sworn by the objector and opposed on an affidavit sworn by the counsel for the respondent. The objector is the wife of the judgment debtor herein.…
…In that affidavit he did not deny ownership of the vehicle KZZ 658. On 18/6/92 the stay application was dismissed and warrants reissued.…
Division and case type: Milimani Commercial CourtsCivil Case
…………………………….DEFENDANT RULING There being no denial by the Defendant/Respondent that the cheques on which the applicant’s account was debited did not belong to the plaintiff/applicant as deposed in paragraphs 5 – 9 of the affidavit…
Division and case type: CivilCivil Case
…The new discovery made according to the affidavit in support of the application, is that it had come to the attention of counsel for the applicant after the order of this court was made on 1.12.89, that the decision of the…
Division and case type: High Court Commercial and TaxCommercial Matters
…The plaintiffs therefore contended that the said affidavit is invalid, defective, and incapable of being recognized as an affidavit in law.…
…An affidavit therefore must be voluntary, written and commissioned. If any of these three ingredients is missing, then that document is not an affidavit.…
Division and case type: High Court Judicial ReviewJudicial Review
…Where there is a requirement for an affidavit to be filed, there should be no question about it. The affidavit must be an affidavit as defined, being a statement made on oath.…
…I am persuaded beyond peradventure that a non-commissioned affidavit is not an affidavit.…
Division and case type: High Court CivilCivil Suit
…The depositions in an affidavit are evidence and the deponent commits himself to this evidence by signing the affidavit.…
…Matters to which affidavits shall be confined (1) Affidavits shall be confined to such facts as the deponent is able of his own knowledge to prove: Provided that in interlocutory proceedings, or by leave of the court, an affidavit…
Division and case type: High Court CivilCivil Case Miscellaneous
…The application was opposed vide an affidavit of the respondent sworn on 3/4/2025. She deposed that the Motion was supported by a defective affidavit.…
…The only conclusion one can reach on looking at this affidavit is that the place the affidavit was sworn and where it was commissioned are two different places.…
Division and case type: High Court CivilCivil Case Miscellaneous
…The application was opposed vide an affidavit of the respondent sworn on 3/4/2025. She deposed that the Motion was supported by a defective affidavit.…
…The only conclusion one can reach on looking at this affidavit is that the place the affidavit was sworn and where it was commissioned are two different places.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…The trial court found the verifying affidavit defective, struck it out, but declined to strike out the suit and instead allowed substitution and filing of a compliant affidavit. The Appeal 5.…
…Rules, which makes the filing of a verifying affidavit mandatory. 8.…
Division and case type: High Court Commercial and TaxCommercial Matters
…In the said Affidavit Mr.…
…Whether the Supplementary affidavit, Supplementary submissions and replying affidavit in response to the defendant’s affidavit ought to be expunged?…
Division and case type: High Court Commercial and TaxCommercial Matters
…the affidavit, contrary to legal practice; That the affidavit is not accompanied by an apostille from the Indian Ministry of External Affairs as required under the Hague Convention Abolishing the Requirement of Legalization…
…or certification; That the affidavit is misleading and false on its face when compared to the annexures; That several documents are annexed without having been referred to in the body of the affidavit; That some annexures…
Division and case type: High Court CivilCivil Case Miscellaneous
…The application was opposed vide an affidavit of the respondent sworn on 3/4/2025. She deposed that the Motion was supported by a defective affidavit.…
…The only conclusion one can reach on looking at this affidavit is that the place the affidavit was sworn and where it was commissioned are two different places.…
Division and case type: High Court DivFamily P&A Testate
…They argue that an advocate, is prohibited from swearing an Affidavit on contentious matters or issues.…
…Premised on the basis that an advocate is not mandated to swear an affidavit on contentious matters, learned counsel for the Respondents has submitted that the Affidavit sworn by Mr.…
Division and case type: High Court Judicial ReviewJudicial Review
…However, upon perusal of the Affidavit supporting the chamber summons, I observed that the so-called ‘supporting affidavit’ is not signed by the applicant.…
…An affidavit is only an affidavit if it is sworn and signed before a Commissioner for Oaths.…
Division and case type: High Court Judicial ReviewJudicial Review
…Still, I could not find the signed or commissioned supporting affidavit. 10.…
…So, in this case, was there a supporting affidavit and if not, does failure to have an a supporting affidavit vitiate or render fatal the Originating Motion? What does the law say about this? 14.…
Division and case type: High Court CivilJudicial Review
…of any such further affidavits.…
…an affidavit on behalf of the organization.…