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…The application is supported by the supporting Affidavit of the petitioner in which he deposed as follows; (i) THAT I am the Petitioner/Applicant herein hence competent to swear this Affidavit.…

…(iv) THATI reiterate in full the contents of my Affidavits respectively filed in response to the Affidavit sworn in support of the Petition herein, the.…

…The application is premised on the grounds on the face of the application and is supported by the affidavit sworn by the applicant on 24th February, 2016.…

…The respondent filed a replying affidavit on 4th March, 2016.…

…In his affidavit in support of the summons, he stated in the following paragraphs as: 4.…

…Those affidavits constituted the pleadings in this matter.…

…Mr Satchu, on behalf of the respondents, said that this affidavit was filed during the adjournment on February 14.…

…It is clear that directions should have been given on the trial of issues arising from the affidavits, and Mr Kiamba would not have been rushed into this foolhardy statements, which did not tally with this client’s affidavit…

…The appeal record does not have any affidavit in reply from Rucathi to any of this.…

…There seems to have been no affidavit or evidence in any other form in reply to all this. When this summons came before the judge Mr Ngubuini appeared for Gathigia and Mr Ole Kaparo for Ruchathi.…

…John Maguru Njoroge, the Respondent herein, filed an affidavit of Protest to oppose the Summons. The dispute was heard by Hon. J. Gathuku, learned Resident Magistrate.…

…By his ruling delivered on 20th April 2009, the learned Resident Magistrate proceeded to confirm the grant on the terms of the affidavit of Protest. In other words the only asset of the Estate i.e. L.R. NO.…

…In support of the motion is an affidavit sworn by Simeone Saromae on 28.10.2020 filed in Court on 30.10.2020 in which he states interalia that: (1). That on 29.3.2020 the Learned trial Magistrate Hon. W. K.…

…It follows from the affidavit evidence that the applicant could not proceed to file an appeal from a Judgment he was not made aware of its existence.…

…The 1st Respondent in her replying affidavit sworn on behalf of the 2nd to 6th respondent state that she was the wife of the deceased’s late son and that the property mentioned by the applicant was distributed to the respondent…

…The administrator of the estate also swore a replying affidavit stating that the grant of letter of administration was confirmed on 19/5/1993 and that about 21 years have lapsed since the issuance of the confirmed grant and…

…On April 17, 1980 the appellant Karuru swore an affidavit in which he stated that he was the registered owner of parcel No 410 that he had proposed to sub-divide it and sell four acres to Mr Joseph Ndumia Murage for the total…

…But quite apart from the above brief history and the affidavit in support of the petition, it is clear that the petitioners verdict of death had been commuted to life imprisonment, while on death row awaiting execution for…

…however, is important to note in this connection, the main provisions of Article 50 (1) of the Constitution to have his case heard by an independent and impartial tribunal or body has not been impeached in anyway from the affidavit…

…Nduhiu’s affidavit of August 20, 1979 in support set out the reasons for this. The cause list of the High Court in Nyeri indicated the action was for mention only.…