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…Even where exception is made to section 2(2) of the Evidence Act, as it is in interlocutory proceedings under the Civil Procedure Rules, Order 18 rule 3(1), the need to ensure that facts are proved by a person or persons…

…provision in Kenya Horticultural Exporters [1977] Ltd v Pape (trading as Osirua Estate) [1986] KLR 705 where it stated: “Order XVIII rule 3(1) of the Civil Procedure Rules is not to be understood to provide that an affidavit in interlocutory…

…Even where exception is made to section 2(2) of the Evidence Act, as it is in interlocutory proceedings under the Civil Procedure Rules, Order 18 rule 3(1), the need to ensure that facts are proved by a person or persons…

…provision in Kenya Horticultural Exporters [1977] Ltd v Pape (trading as Osirua Estate) [1986] KLR 705 where it stated: “Order XVIII rule 3(1) of the Civil Procedure Rules is not to be understood to provide that an affidavit in interlocutory…

…It also meant that, if the matter was to be placed before a criminal trial court, within 24 hours, the issues being raised, in these interlocutory proceedings, could very well be handled by the criminal trial court. 4.…

…He further submitted that the said affidavit complies with Order 19 Rule 3(1) of the Civil Procedure Rules, 2010 which allows statements of information and belief in interlocutory proceedings, and Rule 8 of the Advocates…

…He also submitted that the said affidavits comply with Order 19 Rule 3(1) of the Civil Procedure Rules, 2010 which permits statements of information and belief in interlocutory proceedings, and Rule 8 of the Advocates (Practice…

…He further submitted that the said affidavit complies with Order 19 Rule 3(1) of the Civil Procedure Rules, 2010 which allows statements of information and belief in interlocutory proceedings, and Rule 8 of the Advocates…

…He also submitted that the said affidavits comply with Order 19 Rule 3(1) of the Civil Procedure Rules, 2010 which permits statements of information and belief in interlocutory proceedings, and Rule 8 of the Advocates (Practice…

…The Defendant had entered appearance, participated in interlocutory proceedings, and the default relates specifically to the failure to file a defence within time. 9.…

…However, because these interlocutory proceedings were ongoing, the court finds it in the interests of justice to extend the period for the filing of any objection to the Petition.…

…"Costs in the cause" means that the costs of those interlocutory proceedings are to be awarded according to the final award of costs in the action.…

…It is their submission that that the court only addressed the costs for the interlocutory proceedings and was therefore silent on the costs for the entire suit upon its withdrawal. 23.…

…Jan Bonde Nielsen & 2 Others [2014] eKLR , the Court of Appeal reiterated that interlocutory proceedings are not intended to conclusively determine disputed rights. 19.…

…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…

…Order 19 Rule 3(1) provides: “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 may contain…

…As I have already found, the Defendant entered an appearance, participated in the interlocutory proceedings, and was expressly granted leave to file a defence. The Defendant was represented by counsel throughout.…

…The same are reproduced as hereunder Matters to which affidavits shall be confined [Order 19, rule 3] (1) Affidavits shall be confined to such facts as the deponent is able of his knowledge to prove: Provided that in interlocutory…

…proceedings, or by leave of the Court, an affidavit may contain statements of information and belief showing the sources and grounds thereof. (2) The costs of every Affidavit which shall unnecessarily set forth matters of…

…This is contrary to Order 18 rule 3(1) of the Civil Procedure Rules which is very clear that in interlocutory proceedings, affidavits shall be confined to facts which the deponent can prove of his own knowledge or alternatively…

…violating the fundamental rule in Order 19 Rule 3(1) of the Civil Procedure Rules which provides that, “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 may contain statements of information and belief showing the sources and grounds thereof.” 8.…

…But in interlocutory proceedings such as the present application, I am not prepared to say that the plaintiffs are therefore precluded from challenging the lawfulness of the decision of the Governing Council.…

…Order 19 Rule 3(1) of the Civil Procedure Rules provides that affidavits shall be confined to facts which the deponent is able of his own knowledge to prove, subject to the exception applicable to interlocutory proceedings…

…Due to numerous interlocutory proceedings, the Plaintiff has now applied to amend the Plaint.…

…The Plaintiffs state that the Bank did not only file a Notice of Appointment of Advocates but also participated in multiple interlocutory proceedings, including the appointment of the Administrator Mr.…