Search court decisions

…The appellant has raised the following five grounds of appeal; THAT learned Magistrate erred in disregarding a duly filed and relevant replying affidavit lodged by the appellant and in directing that the said replying affidavit…

…In my view, the appellant would be within the law and his right to argue the issues of law even in absence of a replying affidavit.…

…Omondi filed a replying affidavit and served the applicant’s Counsel.…

…to file the Replying affidavit and submissions out of time and that the Replying affidavit dated 10/3/25 and filed on the same date be deemed as properly on record.…

…Ndegwa, the interested party’s counsel raised an objection to the replying affidavit filed by Mr.…

…He urged this court to strike out the replying affidavit because it was filed out of time. 14. Mr. Rapando submitted that the period for filing of the replying affidavit lapsed on 15/11/2025.…

…Did the draft Replying Affidavit raise triable issues to warrant the setting aside the ex-parte judgment?…

…He submits that he has demonstrated both inadvertence and lack of malice in failing to file the Replying Affidavit on time, and that the draft Replying Affidavit raises triable issues deserving of judicial consideration.…

…In response to the application, the Appellant filed a Replying Affidavit sworn on 22nd February 2024 by Dennis Mwagongo Njuguna.…

…On the second issue, namely whether the Appellant’s Replying affidavit is fatally defective, the Applicants submitted that the Appellant/Respondent replying affidavit dated 22nd April 2025 is not executed by the deponent,…

…When served with the motion, Edwin Muthomi Kaunga, the accused person/Respondent, filed a replying affidavit he swore to oppose the motion.…

…The applicant filed a supplementary affidavit she swore in answer to the accused’s/Respondent’s replying affidavit. 3.…

…Ogola Advocate who informed the court that he had filed and served a Replying affidavit on 27/2/2025. 2. The courts report shows that the affidavit in reply was filed on 4/3/2025 at 12.35 pm. Obviously, Mr.…

…Ogola cannot explain the filing of the replying affidavit after alleged service upon the applicant, when the directions of the court on 17/2/2025 are clear that the affidavit be filed and served within 5 days of 17/2/2025…

…They have filed a Replying affidavit. However, the same was filed one day late, on 24/1/2025 instead of by 23/1/2025 as ordered on 16/1/2025. There was delay of one day.…

…The applicant’s Counsel urges the court to strike out the Replying affidavit while the Respondents Counsel urges the court to enlarge the time for filing and deem the Replying affidavit as duly filed and served.…

…Response The petitioner has opposed this application through a replying affidavit.…

…Counsel informed the court that they had filed written submissions and were filing a replying affidavit.…

…The Applicant/2 nd Respondent filed the Application dated 19 th March 2025 seeking orders that: - The Replying Affidavit dated 18 th February 2025 purportedly sworn by Dr.…

…The fresh Replying Affidavit annexed hereto be deemed as duly filed and properly on record upon payment of the requisite court fees. The costs of this Application be in the cause.…

…Decree Holder’s Replying Affidavit. 8. The Replying Affidavit sworn by Donald B. Kipkorir on 13/7/2026 opposed the instant application. He contended that the application sought to have Mbelete & Co.…

…The Further Affidavit sworn by 3 rd Respondent on 15/7/2026 was filed in response to the Advocate’s Replying Affidavit. 14.…

…That the learned magistrate erred and misdirected himself in law and fact by exposing open bias against the Appellant and lack of consistency when he failed to appreciate that even if the replying affidavit had been sworn…

…That the learned magistrate erred and misdirected himself in law and fact in failing to appreciate and consider that the uncontested evidence before him in the form of annexure “GWM-2” to the Appellant’s replying affidavit…

…The 1st and the 2nd Respondents were represented by one advocate and no replying affidavit was filed separately for the 2nd Respondent. 6.…

…The replying affidavit was filed on 30th July 2024 and so on 16th September 2024 this court gave directions that as Counsel for the 3rd Respondent had also filed a replying affidavit the application would be canvassed through…

…That no leave to file any supplementary record was sought to include the replying affidavit which embodies the entire basis of the opposition of the Appellant’s appeal.…

…I take it therefore that there is no explanation for the omission of filing the Replying Affidavit.…

…Counsel for the Respondents indicated that they had not yet filed their Replying Affidavit and that the same had been delayed due to logistical challenges which she gave as follows; 11.…

…and if any document is relied upon, it shall be annexed to the replying affidavit. (2) (a) A respondent not in the category of sub-rule (1) shall within seven days’ file a memorandum of appearance and either a— (i) replying…

…In responding to the Application, the Respondents opposed the Application through a Replying Affidavit sworn and drawn by PC Benjamin Wangila and dated 8th July,2025. 3.…

…When the matter came up for hearing on March 2026 the Applicants’ counsel raised an issue to the effect that a police constable cannot draw and swear a Replying Affidavit to support the office of the Director of Public Prosecution…

…The specific issue raised here is whether the filing fees for the Replying Affidavit were paid. This is not a factual dispute requiring oral testimony or affidavit evidence.…

…The CTS record indicates that the filing fees for the Replying Affidavit sworn on 16th September 2025 were marked as “NOT PAID.”…

…The letter is attached at FNI of the Respondent’s replying affidavit. 8.…

…Evidence of the same is found at Exhibit FN 19 and FN 20 of the replying affidavit. 16.…

…The 1st Interested Party filed his Replying Affidavit to the Plaintiff’s Application dated 4th December 2023. The Replying Affidavit was sworn by one KIRUGI LAIBONI M’MUKINDIA on 19th January 2024. b.…

…The Defendant equally filed his Replying Affidavit to the Plaintiff’s Application dated 4th December 2023. The said Replying Affidavit was sworn on 4th March 2024. c.…