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. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/6376/eng@2025-05-07 1
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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. CHEPKWONY JUDGE In the presence of: M/S Irene-Kiarie counsel for the Applicants/Clients Mr. Brian Okoth holding brief for M/S Muthomi counsel for the Respondents Court Assistant - Martin https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/6376/eng@2025-05-07 2
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