Yves Preissler v Daluga Investments Limited t/a Easy Gym Kenya & another [2022] KEELRC 676 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 676
- Citation
- [2022] KEELRC 676 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeNotice to ProducePostureClaimant's Notice to Produce DismissedCoramHavelock, Kimondo
Holding
The notice to produce is dismissed as it is inopportune at this stage and the Claimant is given the liberty to make an oral application for the production of the passport when the witness testifies in court.
Facts
The Claimant requested the 2nd Respondent to produce documents related to their appearance before a Commissioner of Oaths in New York and a medical report issued in Dubai.
Issues
- Whether the 2nd Respondent should be compelled to comply with the notice of production.
- Whether the notice to produce is disruptive and should be allowed in exceptional circumstances.
Reasoning
The Court considers pretrial discovery to be central to effective and speedy litigation, but a notice to produce during hearing could be disruptive. The notice is dismissed as it is not in exceptional circumstances.
Outcome
The notice to produce is dismissed.
Orders
- The notice to produce is dismissed.
- The Claimant is given the liberty to make an oral application for the production of the passport when the witness testifies in court.
Authorities cited
Legislation (3)
- Evidence Act
- Civil Procedure Act 2010
- Civil Procedure Rules 2010
Cases cited (3)
- Halsbury Laws of England
- Concord Insurance Co. Ltd v NIC Bank Ltd
- Oracle Productions Limited v Decapture Limited & 3 others
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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