Miyare t/a Miyare & Co Advocates v Munge & 2 others [2025] KEHC 6376 (KLR) | Taxation Of Costs | Esheria

Miyare t/a Miyare & Co Advocates v Munge & 2 others [2025] KEHC 6376 (KLR)

Full Case Text

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