[2025] KEHC 2907 (KLR)

[2025] KEHC 2907 (KLR)

The court found that, despite the absence of the Advocate/Respondent and their counsel, issuing directions for further filings would not prejudice them. The court exercised its discretion to grant the Advocate/Respondent seven days to file a supplementary affidavit in response to the valuation report and further...

Source-derived case information.

Citation
[2025] KEHC 2907 (KLR)
Parties
Respondent: George Miyare t/a Miyare & Co Advocates; Applicant: Jane Wairimu Munge; Applicant: Andrew Mwangi Maina; Applicant: Debbie Karugi Maina
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Case Number
Commercial Case E090 of 2022
Procedural Posture
Miscellaneous Application / Directions on Compliance and Further Filings
Outcome
Directions issued for further filings and mention to confirm compliance.
Judges
DO Chepkwony
Legal Topics
Taxation of Costs, Advocate Client Disputes, Supplementary Affidavit Filing, Court Directions
Source Language
en
Civil Procedure Commercial and Corporate Taxation of Costs Advocate Client Disputes Supplementary Affidavit Filing Court Directions

Source-derived case record

Summary, issues, holding and outcome

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Parties

George Miyare t/a Miyare & Co Advocates

Respondent

Jane Wairimu Munge

Applicant

Andrew Mwangi Maina

Applicant

Debbie Karugi Maina

Applicant

Procedural Posture

Miscellaneous Application / Directions on Compliance and Further Filings

Legal Issues

  1. 1 Whether the parties have complied with previous court directions regarding filing of affidavits and submissions.
  2. 2 Whether further leave should be granted to file supplementary affidavits and submissions in response to the valuation report and further affidavit.

Ratio Decidendi

The court found that, despite the absence of the Advocate/Respondent and their counsel, issuing directions for further filings would not prejudice them. The court exercised its discretion to grant the Advocate/Respondent seven days to file a supplementary affidavit in response to the valuation report and further affidavit dated 17th January 2025. Upon service, the Client/Applicants were also granted seven days to file and serve supplementary submissions, and the Respondent was similarly granted leave to file and serve supplementary submissions within seven days of being served. The matter was set for mention to confirm compliance and for further directions. The court emphasized the need...

Court Disposition

Directions issued for further filings and mention to confirm compliance.

Orders

  • The Advocate/Respondent is granted seven days leave to file a supplementary affidavit, if need be, in response to the valuation report and further affidavit dated 17th January, 2025.
  • Upon being served with the supplementary affidavit, the Client/Applicant to file and serve supplementary submissions within seven days of service.