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…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…

…In a supporting affidavit sworn by Mr Wandaka the advocate who had the conduct of the suit, it is deponed that the applicant’s firm of advocates applied for proceedings and judgment on June 5, 1986, two days after the judgment…

…Mr Jowhal for the respondent had a quarrel with the facts of the affidavit in support of the application.…

…The petitioner filed affidavits, testified as PW1 and called an expert witness Ezra Kipsang, an Engineer to produce a valuation report. 7.The respondent filed three affidavits but informed the court that they intended to…

…The respondent’s counsel referred to them as expert witnesses and that is the reason why they had not filed affidavits.…

…Vide an oral application made today, the 1st Defendant/Applicant sought leave of the Court to file his witness statement on the grounds that the suit was commenced by an originating summons and he had filed a Replying Affidavit…

…thereto which affidavit was converted to a defence, and whereas he had filed his documents which he confirmed during pretrial, he had not filed his witness statement, which essentially is a replica of the Replying Affidavit…

…It is further sought that the Affidavits sworn by Mr Tirito and Mr.…

…to be simply referred to as the “ Dardannelli Ruling”, the said Affidavits ought to go. 5.…

…when the oath or affidavit is taken or made.…

…Failure to commission an affidavit is not a mere irregularity but goes to its validity. 6.…

…The Respondents submitted that failure on the part of the Applicants to annex extracts of the titles to the suit properties to their affidavits in support of their applications was fatal to the same.…

…The court would have directed the Applicants to file supplementary affidavits with the missing documents attached.…

…The Respondents submitted that failure on the part of the Applicants to annex extracts of the titles to the suit properties to their affidavits in support of their applications was fatal to the same.…

…The court would have directed the Applicants to file supplementary affidavits with the missing documents attached.…

…The Respondents submitted that failure on the part of the Applicants to annex extracts of the titles to the suit properties to their affidavits in support of their applications was fatal to the same.…

…The court would have directed the Applicants to file supplementary affidavits with the missing documents attached.…

…They chose the person to swear the Affidavits before.…

…I feel certainly in my mind that whatever way one looks at those affidavits, they were simply not affidavits at all for the purpose of the law.…

…It is supported by the Affidavit of the Plaintiff which she deposed on even date. 7.…

…law and by her conduct, her Affidavit is not commissioned.…

…The deponent thus urges the Court to expunge both Affidavits from the record, declare the application fatally defective for want of a proper supporting affidavit, and strike it out with costs. 18.…

…affidavits to matters of fact within the deponent’s knowledge. 25.…

…Although signed by the Plaintiff, it does not meet the mandatory legal requirements governing affidavits. 5.…

…when the oath or affidavit is taken or made.…

…The Respondents submitted that failure on the part of the Applicants to annex extracts of the titles to the suit properties to their affidavits in support of their applications was fatal to the same.…

…The court would have directed the Applicants to file supplementary affidavits with the missing documents attached.…

…The Respondents submitted that failure on the part of the Applicants to annex extracts of the titles to the suit properties to their affidavits in support of their applications was fatal to the same.…

…The court would have directed the Applicants to file supplementary affidavits with the missing documents attached.…

…The Respondents submitted that failure on the part of the Applicants to annex extracts of the titles to the suit properties to their affidavits in support of their applications was fatal to the same.…

…The court would have directed the Applicants to file supplementary affidavits with the missing documents attached.…

…In a supplementary affidavit dated 27-1-2025, the Applicant has added the appeal has already been filed and it is Court of Appeal Nyeri Appeal No.…

…I have carefully considered the motion in its entirety including the grounds, supporting affidavit and supplementary affidavits, replying affidavits, the annexures, the written submissions as well as the law cited therein…

…Makuyu/Kimorori/Block 1/Ngimu/902 on 28-10-2020. (2) The summons is premised on three(3) grounds and it is supported by two affidavits by the Applicant dated 1-8-2025 and 17-3-2026 respectively. (3) The Applicant’s case is…

…(a) Two affidavits dated 1-8-2025 and 17-3-2026 respectively. (b) Copy of register for the suit land running from 15-4-1988 to 28-10-2020. (c) Copy of title deed dated 23-10-2012 in the name of the Applicant.…

…In addition to the Supporting Affidavit, the Applicant also filed Supplementary Affidavits sworn by Moses Otieno Audi on 23rd September, 2025 and 26th September, 2025.…

…Determination I have considered the application and the Affidavits filed in support thereof and the annextures thereto and the Replying Affidavit.…