Paradise Safari Park Limited v Attorney General & another [2020] KEELC 2522 (KLR)
- Court
- Environment & Land Court
- Case number
- 2522
- Citation
- [2020] KEELC 2522 (KLR)
- Decided
- 14 May 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication for discovery and leave to amend defenceCoramE.OBAGA
Holding
The court orders the documents to be availed within 60 days and allows the amendment of the defence.
Facts
The 1st Defendant/Applicant sought documents from the Plaintiff/Respondent regarding an underground tunnel under River Kigwa and a carpark, claiming negligence. The Respondent opposed the application, citing contempt and loss of documents due to a fire.
Issues
- Whether an order of discovery should issue.
- Whether leave should be granted for the Applicant to amend his defence.
Reasoning
The court finds the Applicant’s application merited, noting the need for the documents to prepare the defence and the Respondent’s failure to comply with a previous court order.
Outcome
The court orders the documents to be availed and allows the amendment of the defence.
Orders
- Documents sought should be availed within 60 days from the date of this ruling.
- Amended defence should be filed within 14 days from the date of this ruling.
Remedies
- Costs shall be in the cause.
Authorities cited
Cases cited (4)
- Halsbury’s Laws of England Vol 13
- Mawani –Vs- Mawani [1976-1980] eKLR
- Ramesh Popatlal Shah & 2 others –Vs- National Industrial Credit Bank Limited [2005] eKLR
- Eastern Bakery –vs- Castelino [1950] EA 365
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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