JGK v FWK (Civil Case 19 of 2017) [2024] KEHC 4734 (KLR) (18 April 2024) (Directions) Neutral citation: [2024] KEHC 4734 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT MERU CIVIL CASE 19 OF 2017 TW CHERERE, J APRIL 18, 2024 BETWEEN JGK ............................................................................................................. APPLICANT AND FWK ....................................................................................................... RESPONDENT DIRECTIONS 1. By a judgment dated 13th July, 2023, this court determined this matrimonial cause and made a finding that LR. Kianjai/mituntu/257 is matrimonial property and directed that the same be distributed in equal shares to parties herein. 2. A green card presented in support of the application dated 14th December, 2023 reveals that the caution that Plaintifi/Applicant seeks to lift was placed in favour of LM and DM on 26th September, 2002 and a charge in favour of Industrial & Commercial Credit Development Corporation was registered on 04th October, 1996. 3. There is no evidence that this application has been served on the above-named parties and since it would not be in the interest of justice to condemn them unheard, it is hereby ordered: 1. The ruling scheduled for 18th April, 2024 was set prematurely 2. Plaintifi/Applicant is directed to serve the application dated 14th December, 2023 on LM, DM and Industrial & Commercial Credit Development Corporation within 14 days from today’s date 3. Upon service, LM, D and Industrial & Commercial Credit Development Corporation shall have 14 days to file and serve their respective responses 4. Thereafter, the Applicant shall have 3 days to file and serve any further affidavit if need be https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/4734/eng@2024-04-18 1
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5. After the last of 3 days in order (4) above, parties will be at liberty to file and serve respective submissions if need be with each party having 3 days each 6. Mention on 12th June, 2024 to take date for ruling on the application application dated 14th December, 2023 DELIVERED AT MERU THIS 18th DAY OF April 2024 WAMAE. T. W. CHERERE JUDGE Appearances Court Assistants - Kinoti/Munene For Plaintifi/Applicant - Mr. Muthomi for John Muthomi & Co. Advocates For Defendant/Respondent - Mr. Mwirigi for OMK Advocates, LLP https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/4734/eng@2024-04-18 2
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