[2025] KEHC 3806 (KLR)

[2025] KEHC 3806 (KLR)

The court found that the parties had not complied with the directions issued on 25th February, 2025. In the interest of justice and to ensure all parties have a fair opportunity to present their case, the court exercised its discretion to extend the timelines for filing and serving supplementary affidavits and...

Source-derived case information.

Citation
[2025] KEHC 3806 (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 Kiambu
Jurisdiction
Kenya
Case Number
Civil Miscellaneous Application E090 of 2022
Procedural Posture
Civil Miscellaneous Application / Mention for Compliance With Directions
Outcome
Directions and timelines for compliance extended; mention scheduled for confirmation of compliance.
Judges
DO Chepkwony
Legal Topics
Case Management, Directions Compliance, Affidavit Filing, Supplementary Submissions
Source Language
en
Civil Procedure Case Management Directions Compliance Affidavit Filing Supplementary Submissions

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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

Civil Miscellaneous Application / Mention for Compliance With Directions

Legal Issues

  1. 1 Whether the parties have complied with the directions issued on 25th February, 2025.
  2. 2 Whether to extend the timelines for filing and serving supplementary affidavits and submissions.

Ratio Decidendi

The court found that the parties had not complied with the directions issued on 25th February, 2025. In the interest of justice and to ensure all parties have a fair opportunity to present their case, the court exercised its discretion to extend the timelines for filing and serving supplementary affidavits and submissions. The court further directed that mention be scheduled for 6th March, 2025 to confirm compliance and to set a ruling date. The directions and notice are to be served upon the Advocate/Respondent and/or counsel to ensure all parties are aware of the new timelines and requirements.

Court Disposition

Directions and timelines for compliance extended; mention scheduled for confirmation of compliance.

Orders

  • The Advocate/Respondent is granted seven (7) days to file and serve a Supplementary Affidavit, if necessary, 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 further submissions within seven (7) days of service.