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Cooperative Bank of Kenya Limited v Samuel Musau Ndunda [2021] KEHC 6247 (KLR)

[2021] KEHC 6247 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
6247
Citation
[2021] KEHC 6247 (KLR)
Decided
10 June 2021
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureDefendant's Motion for Discovery and Production of DocumentsCoramA. MABEYA, FCIArb
Holding

The court allows the defendant's application for discovery of the disputed documents.

Facts

The defendant, Samuel Musau Ndunda, sought discovery and production of documents related to a loan facility and sale of property secured by the plaintiff, Cooperative Bank of Kenya Limited.

Issues

  1. Relevance of the documents sought
  2. Timeliness of the application
  3. Discovery rights of the plaintiff

Reasoning

The court finds the documents relevant to the claim and the plaintiff's right to information. The application is merited and the plaintiff is granted full discovery.

Outcome

The court orders the plaintiff to provide the requested documents.

Orders

  • Discovery of the disputed documents

Remedies

  • Full discovery of the disputed documents

Authorities cited

Legislation (2)
  • Civil Procedure Act (Cap 21 Laws of Kenya)
  • Civil Procedure Rules 2010
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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