[2024] KEHC 13775 (KLR)
The court found that the Respondents had not regularized payment for their Replying Affidavit as required by previous directions. To ensure procedural compliance and fairness, the court ordered the Respondents to regularize payment and serve the Replying Affidavit by a specified date. The court further set clear...
Source-derived case information.
- Citation
- [2024] KEHC 13775 (KLR)
- Parties
- Applicant: Eliud Njoroge Mwaura; Respondent: Joyce Wambui Karuma & Winnie Wairimu Wambi (Suing as the legal representative of the Estate of Dennis Kimani Kariuki - Deceased)
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application E104 of 2024
- Procedural Posture
- Miscellaneous Application / Compliance Directions; Pre Submissions
- Outcome
- Directions issued for compliance; matter set for mention to confirm compliance.
- Judges
- DO Chepkwony
- Legal Topics
- Affidavit Regularization, Service of Documents, Filing of Submissions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Eliud Njoroge Mwaura
Applicant
Joyce Wambui Karuma & Winnie Wairimu Wambi (Suing as the legal representative of the Estate of Dennis Kimani Kariuki - Deceased)
Respondent
Procedural Posture
Miscellaneous Application / Compliance Directions; Pre Submissions
Legal Issues
- 1 Whether the Respondents have complied with the court's directions regarding payment and service of the Replying Affidavit.
- 2 What timelines should govern the filing and service of written submissions by both parties.
Ratio Decidendi
The court found that the Respondents had not regularized payment for their Replying Affidavit as required by previous directions. To ensure procedural compliance and fairness, the court ordered the Respondents to regularize payment and serve the Replying Affidavit by a specified date. The court further set clear timelines for both parties to file and serve their written submissions, thereby facilitating orderly progression of the matter. The court scheduled a further mention to confirm compliance and to set a date for ruling, emphasizing the importance of adherence to procedural directions.
Court Disposition
Directions issued for compliance; matter set for mention to confirm compliance.
Orders
- Respondents to regularize payment for their Replying Affidavit and serve the same before close of business on 31st October, 2024.
- Applicant to file and serve written submissions within seven days from 31st October, 2024 upon being served with the Replying Affidavit.
Full Case Text
Judgment text and source record
17 paragraphs
Mwaura v Karuma & another (Suing as the legal representative of the Estate of Dennis Kimani Kariuki - Deceased) (Miscellaneous Application E104 of 2024) [2024] KEHC 13775 (KLR) (30 October 2024) (Ruling)
Neutral citation: [2024] KEHC 13775 (KLR)
Republic of Kenya
In the High Court at Kiambu
Miscellaneous Application E104 of 2024
DO Chepkwony, J
October 30, 2024
Between
Eliud Njoroge Mwaura
Plaintiff
and
Joyce Wambui Karuma & Winnie Wairimu Wambi (Suing as the legal representative of the Estate of Dennis Kimani Kariuk i- Deceased)
Respondent
Ruling
1. This matter is for mention for parties to confirm compliance of directions issued on 20th September, 2024. Upon listening to counsel for the Respondent, I have checked the CTS and established that the Replying Affidavit filed by the Respondents has not been paid for.
2. In the circumstances, following directions issue:-a.The Respondents are urged to regularize payment for their Replying Affidavit and serve the same before close of business on 31st October, 2024. b.Upon being served with a response/Replying Affidavit by the Respondent, the Applicant to file and serve their written submissions within seven (7) days from the dte of service which is 31st October, 2024. c.The Respondents are equally granted leave to file and serve their written submissions within seven (7) days of being served with the Applicant’s submissions.d.Mention on 19th December, 2024 for parties to confirm compliance and take a date for ruling.e.Directions and Notice to be served upon the Applicant and or counsel for compliance.It is so ordered.
RULING DELIVERED VIRTUALLY, DATED AND SIGNED AT KIAMBU THIS 30TH DAY OF OCTOBER , 2024. D. O. CHEPKWONYJUDGEIn the presence of:-Mr. Kinyanjui holding brief for Mr. Kangethe counsel for RespondentNo appearance for and by ApplicantCourt Assistant - Martin