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…Mr Kogo learned counsel for the respondent stated that that the deponent to the replying affidavit could not execute the replying affidavit within the stipulated timelines as he was on leave.…

…Accordingly, the objection to the replying affidavit is devoid of merit.…

…He deposes that when the application came for inter parties hearing on 18th February 2025, the 1st defendant was given time to file a replying affidavit; that he filed a replying affidavit on 11th March 2025 dated 10th March…

…I have looked at the court tracking system to establish what time the replying affidavit dated 10th March 2025 was filed and this is what was captured; i) The replying affidavit was uploaded in the court tracking system on…

…’ application dated 4/4/2025, the previous Replying Affidavit having been struck out.…

…The applicant now seeks for a chance to file fresh Replying Affidavit to respond to the petitioners’ application.…

…That the respondents’ replying affidavit was filed outside the timeline set by court. That it has not been served on the applicants.…

…Having considered the motion, the court’s directions of 29th October 2024, the replying affidavit and the rival arguments herein, is the application merited? The replying affidavit is in response to the motion.…

…Affidavit.…

…affidavit dated 30th day May 2024.…

…There respondent also filed a Replying Affidavit sworn on 9/2/2026 by Oye Ashioya Advocate. To the Replying Affidavit were attached a copy of Notice of Withdrawal of suit and letter dated 15/10/2025.…

…That the Replying Affidavit sworn by Counsel for the respondent offends the rules of evidence and should be struck out.  That the Affidavit should have been sworn by the party and not Counsel.…

…The applicant’s application is premised on the ground that he had filed a replying affidavit to the suit alongside his witness statement; that during trial of the case, his replying affidavit was struck out and expunged from…

…affidavit, to address the issue that led to the striking out of his previous replying affidavit.…

…The Respondent/Applicant filed a Replying Affidavit on 14th April 2025 in opposition to the said Application. Written submissions were subsequently filed by both parties. On 12th November 2025, this Court (Hon.…

…This further confirms that the Replying Affidavit was on record and within the knowledge of the Court at the time the matter was heard.…

…affidavit.…

…Reference was made to the application, the replying affidavit, Order 1 Rule 10 (2) of the Civil Procedure Rules 2010, Werrot and Company Ltd & others-vs-Andrew Douglas & others (1998) eKLR and Kizito M.…

…On 6th May 2025 while determining the preliminary objection in this matter, this court considered the application, supporting affidavit, replying affidavit, preliminary objection, submissions and authorities presented before…

…Also the defendant’s replying affidavit has little extra to add to the issue of locus standi which has now been disposed of.…

…(ii) The Replying affidavit by the 3 rd contemnor replicates almost word for word the Replying affidavit of the 4 th contemnor.…

…(iii) The contemnor equally filed a Replying affidavit which was parimateriae with the Replying affidavits of both the 3 rd and 4 th contemnor, save for depositions that he was never personally served with the said conservatory…

…The respondents opposed the application by their replying affidavit of 13 paragraphs sworn on 3rd November 2025 as well as another replying affidavit of 17 paragraphs sworn on 1st December 2025 by the 2nd respondent for and…

…affidavit.…

…The 2nd Defendant swore a replying affidavit on 25/1/2022 wherein he deposed that the suit is sub judice Malindi ELC 59 of 2017 Khalid Badi Swedi & 2 others v Arbi Ali Mohamed Mussani & 3 others; that the Plaintiffs have…

…The 3rd Defendant filed a replying affidavit which he personally swore on 10/2/2022 adopting the contents of the 2nd Defendant’s replying affidavit.…

…Replying Affidavit 7. The application is opposed by the affidavit sworn on 4/04/2025 by Edwin Omulama Onditi counsel on record for the appellant. 8.…

…That the issue of the admissibility of the replying affidavit sworn by Franklin Osogo Oloo is not an issue in the present appeal and ought to have been dealt with then.…

…The 4th respondent also filed a Replying affidavit and grounds of opposition in response to the said application.…

…LEGAL ANALYSIS AND DECISION I have considered the application and the supporting affidavit, the replying affidavits and grounds of opposition as well as the applicable law.…

…The 1st Respondent’s replying affidavit 5.The 1st Respondent made a response to the application through Meshack Mutinda who has been granted a special power of attorney.…

…The Applicant’s supplementary Affidavit 8.The Applicant filed an affidavit in response to the 1st Respondent’s replying affidavit and deposed that the 1st Respondent filed the replying affidavit late as he was meant to file…

…affidavit are correct.…

…It has now been annexed to the replying affidavit in the present application. 4.…

…The application also sought for an order that the court be pleased to deem the plaintiff ‘s Replying Affidavit dated 17th October 2023 and grounds of opposition of the same date and submissions in response to the 1st and…

…The application was opposed by the 1st and 2nd Defendants vide the Replying Affidavit sworn on 12th January, 2024.…

…This being an originating summons, the applicant believes that it is for the Plaintiff/Applicant to amend his pleadings so that the other parties can file a Replying Affidavit.…

…The Applicant is willing and ready to join the proceedings and file the replying affidavit, list of documents and witness statements within the timelines provided by the honorable court.…

…The application also sought for an order that the court be pleased to deem the plaintiff ‘s Replying Affidavit dated 17th October 2023 and grounds of opposition of the same date and submissions in response to the 1st and…

…The application was opposed by the 1st and 2nd Defendants vide the Replying Affidavit sworn on 12th January, 2024.…