[2025] KEHC 6376 (KLR)
The court found that neither party had complied with its previous directions to file supplementary affidavits or fresh submissions addressing the newly admitted Valuation Report. In the interest of justice and procedural fairness, the court granted both parties a further fourteen days to file their respective...
Source-derived case information.
- Citation
- [2025] KEHC 6376 (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
- Miscellaneous Application E090 of 2022
- Procedural Posture
- Miscellaneous Application / Directions on Filing of Submissions and Mention for Compliance
- Outcome
- Directions issued for filing of submissions; mention date set for compliance confirmation.
- Judges
- DO Chepkwony
- Legal Topics
- Taxation of Costs, Certificate of Taxation, Reference Procedure, Supplementary Affidavit, Valuation Report, Written Submissions
- Source Language
- en
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 Filing of Submissions and Mention for Compliance
Legal Issues
- 1 Whether parties have complied with previous court directions regarding filing of supplementary affidavit and submissions.
- 2 Whether further submissions should be filed in light of the admitted Valuation Report.
- 3 What directions should be issued to ensure compliance and progress of the applications.
Ratio Decidendi
The court found that neither party had complied with its previous directions to file supplementary affidavits or fresh submissions addressing the newly admitted Valuation Report. In the interest of justice and procedural fairness, the court granted both parties a further fourteen days to file their respective submissions on the pending applications, specifically requiring them to address the Valuation Report. The matter was set for mention to confirm compliance and to fix a ruling date, ensuring that the applications would be determined on a complete and updated record. The court emphasized the necessity of adherence to its directions to avoid unnecessary delay and to facilitate the just...
Court Disposition
Directions issued for filing of submissions; mention date set for compliance confirmation.
Orders
- Each party is granted fourteen (14) days from 7th May, 2025 to file submissions on the applications dated 24th March, 2023 and 5th April, 2024, addressing the Valuation Report dated 17th January, 2025.
- Matter to be mentioned on 10th June, 2025 to confirm compliance and fix a ruling date.
Full Case Text
Judgment text and source record
21 paragraphs
Miyare t/a Miyare & Co Advocates v Munge & 2 others (Miscellaneous Application E090 of 2022) [2025] KEHC 6376 (KLR) (7 May 2025) (Ruling)
Neutral citation: [2025] KEHC 6376 (KLR)
Republic of Kenya
In the High Court at Kiambu
Miscellaneous Application E090 of 2022
DO Chepkwony, J
May 7, 2025
Between
George Miyare t/a Miyare & Co Advocates
Advocate
and
Jane Wairimu Munge
1st Client
Andrew Mwangi Maina
2nd Client
Debbie Karugi Maina
3rd Client
Ruling
1. On 6th May, 2025, this matter was mentioned for parties to confirm compliance with the directions issued on 24th March, 2025 which had specifically instructed the Advocate/Respondent to file Supplementary Affidavit, if need be, within seven (7) days. So far, no affidavit has been filed and the pending directions are for the parties to file written submissions with respect to the Client’s Reference dated 24th March, 2023 and the Advocate’s Notice of Motion application dated 5th April, 2024 seeking Judgment to be entered in respect of the Certificate of Taxation issued on 27th March, 2023.
2. It is worth-noting that the Valuation Report was admitted as new evidence, the parties had already filed submissions with respect to the two application. However, the Court directed that fresh submissions be filed taking into consideration the Valuation Report, and parties were to confirm if those submissions had been filed. It is clear that none of the parties has complied and in the circumstances, the Court directs as follows:-a.Each party is granted fourteen (14) days from the date hereof to file within submissions with respect to the applications dated 24th March, 2023 and 5th April, 2023 while taking into consideration the Valuation Report dated 17th January, 2025. b.Mention on 10th June, 2025 to confirm compliance and for purposes of fixing a ruling date to the two applications.It is so ordered.
RULING DELIVERED VIRTUALLY, DATED AND SIGNED AT KIAMBU THIS 7TH DAY OF MAY, 2025. D. O. CHEPKWONYJUDGEIn the presence of:M/S Irene-Kiarie counsel for the Applicants/ClientsMr. Brian Okoth holding brief for M/S Muthomi counsel for the RespondentsCourt Assistant - Martin