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The High Court struck out a reference in execution proceedings, holding it was not properly before the court and that the supporting affidavit was fatally defective.
The Court of Appeal has jurisdiction under Rule 4 (1) and (2) (a), (b), and (c) of the Court of Appeal Rules, 2009 as amended, to entertain and grant or refuse an order of stay of execution pending review, as there is no express provision for such remedy and the general powers of the Court are sufficiently wide. The affidavit is not defective as the deponent, being a company officer, is entitled to depose to facts known to the company, and the objection does not raise a pure point of law.
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The affidavit is competent because the deponent disclosed the source of information as her own best knowledge in all relevant paragraphs, satisfying legal requirements for affidavits.
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The High Court refused an application to extend time for notice of intention to appeal and appeal out of time, finding no good cause and struck it out.
The application is incompetent for want of a proper affidavit covering all applicants; failure to comply with mandatory procedural requirements is fatal and cannot be cured by overriding objective.
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The applicant's affidavit disputed the amount claimed, establishing antagonistic matters and a triable issue, thus meriting leave to appear and defend the suit.
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The application is incompetent because the supporting affidavit was sworn by counsel on matters not within his personal knowledge, rendering it hearsay and inactionable. Without supplementary affidavits from the applicants, the affidavit cannot support the application, and the defect is not curable by the overriding objective principle as expunging the hearsay leaves no substantive affidavit.
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The East African Court of Justice dismissed a reference over the Kibiro geothermal project because the supporting affidavit was defective and the filing was incompetent.
The High Court held that the objector’s challenge to the estate inventory was procedurally improper because it lacked a chamber summons. Filed affidavits were expunged.
Applicants failed to demonstrate sufficient cause for delay; affidavit lacked material information; delay was inordinate and not accounted for; alleged illegalities were not manifest on record and would require re-evaluation of evidence, which is not permitted at this stage; application destitute of merits.
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