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…The defendant swore the supporting affidavit to support the summons.…

…The plaintiff filed a replying affidavit to resist the summons.…

…The application is supported by the affidavit of Mr Magugu sworn on 7th December, 1994.…

…In their grounds of objection and replying affidavit, Mr Magugu and Inns Ltd contended that it was a condition for the payment of the respondents’ fees that Inns Ltd obtained finances to undertake the project; that Inns Ltd…

…authorised representatives such as their secretaries, managing directors etc, have sworn any affidavit in support of their respective claims.…

…Instead, their advocates took it upon themselves to swear affidavits on their behalf.…

…of Lands and obtained two receipts – see Exhibits B.P.R.3, attached to the replying affidavit of the 2nd Defendant.…

…However, there is the replying affidavit, the 1st Defendant has taken a completely different turn from that in their defence.…

…(See annexture A to the supporting affidavit).…

…Annexture B to the affidavit is a bulk of photocopies of cheques which were variously drawn on the account by the defendant.…

…All this in what he called a further supporting affidavit.…

…Then there is this affidavit of the advocate Mr Taib Ali Taib. One does not deny the right of an advocate to swear an affidavit.…

…Paragraphs 4-6 of the Petitioner's affidavit of 15th September 2011 in support of the Petition sets out the factual background from the petitioner's perspective as follows: “4.…

…My grandmother died on 26/5/2005 after she had already executed the transfer marked as “AMM3” in the affidavit in the support of the Petition. ii.…

…In paragraph 7 of the affidavit sworn by the defendant’s manager in reply to the present chamber summons seeking an interim injunction to restrain the defendant from selling this particular vehicle to anyone else pending…

…the determination of the suit, the defendant acknowledged having received the Premier Saving & Finance Application forms and annexed the said forms to his affidavit as M A AVI.…

…The defendant failed to file its replying affidavit and grounds of opposition to this motion.…

…“If no affidavit and no statement under sub rule 1 is filed an order may be made on the application ex parte.” I accordingly gave summary judgment to the plaintiff as prayed in the plaint.…

…For this argument he relies on the affidavit of Mr Mwai Solomon Githegi, the Town Clerk of the Council wherein he deponed, inter alia, as follows:- 7.…

…Mr Mwakiwiwi who instructed Messrs Arum and Company Advocates to handle this particular file on the Council’s behalf has sworn his own (replying) affidavit.…

…The application is further supported by the applicant’s affidavit dated 9th August, 2011. The applicant in her affidavit has deponed that the deceased left behind several properties one of them being L. R.…

…The respondent filed a Replying Affidavit on 26th August, 2011 in response to the applicant’s application.…

…The application is supported by an affidavit sworn by applicant John Warui. The suit between the two parties arises from a Hire Purchase Agreement entered into by them on October 8, 1997.…

…In the affidavit in reply to the application, it is deponed that as at April 27, 2000 the applicant was in arrears of Kshs 1,896,075.…

…The application is supported by affidavit of the applicant sworn on 19/9/88 in which he depones inter alia that he has never been served with summons to enter appearance; that it is on 30/8/ 87 when court broker came to his…

…Mr Kassamali Mohamed Noorani does not in his affidavit mention the issue of service. Mr Kasmani for respondent however referred to return of service and said that service was proper.…

…By his supporting affidavit he claims that the said motor vehicle is his property as evidenced by the log book annexed to it as Exh F.…

…The objector avers in paragraphs 6 and 7 of his affidavit as follows: “6: That at the time of attachment of the said vehicle the late Paul Njenga who was a family friend had borrowed the said motor vehicle as being an officer…

…Riungu relied on the supporting affidavit of the applicant. He referred to the contents of the affidavit where the applicant claims that she only learnt about the suit in question 6 months after her husband's death.…

…Akwalu for the Defendant/Respondent opposed the application and relied on the replying affidavit of the Defendant/Respondent sworn on 30th November, 2012.…

…The respondent Steelcord Tyres Limited, as the defendant in the suit did not file any grounds of opposition, or any affidavit in reply. They had however filed a defence denying the plaintiff’s claim.…

…In support of the application the plaintiff swore one affidavit. To it he attached several copies of documents. The first one is a copy of the dishonoured cheque.…

…The affidavit of the applicant in support of the former originating summons showed that the applicant there as in the instant originating summons, based his claim on adverse possession.…

…The issue of whether possession “since 5.7.1976” (as he says in paragraph 6 of his present affidavit) was adverse possession, was not, and could not be before Mr Justice Joseph Butler – Sloss in the 1979 case.…

…The application was supported by the affidavit of John Macharia Muhuni, counsel who had the conduct of the suit at the time of its dismissal and whom Mr Kabuki held his brief then and on the day before that.…

…There was a further affidavit which he swore and filed on the morning of 24th May, 1989, the date this application came for hearing.…

…DEFENDANT R U L I N G Under O.38 r 5 of the Civil Procedure Rules this court may at any stage of proceedings upon being satisfied either by Affidavit or otherwise that the defendant with intent to obstruct or delay the execution…

…The plaintiff swore an Affidavit to that effect and also called the witness who not only swore an Affidavit in further support but also gave Viva Voce evidence.…