[2008] KEHC 372 (KLR)
The court found that the plaintiff had sufficiently answered the interrogatories delivered by the defendants. Upon reviewing both the interrogatories and the responses, as well as the grounds of opposition, the judge determined that there was no basis to compel the plaintiff to provide further answers. The...
Source-derived case information.
- Citation
- [2008] KEHC 372 (KLR)
- Parties
- Plaintiff: MAE Properties Limited; Defendant: Francis Thombe Nyammo; Defendant: Pacific Futures & Options Ltd; Defendant: Financial Futures & Options Ltd; Defendant: Express Financial Ltd; Defendant: Spring File Ltd
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 700 of 2003
- Procedural Posture
- Civil Case / Ruling on Application to Compel Answers to Interrogatories
- Outcome
- application dismissed
- Legal Topics
- Interrogatories, Discovery Process, Applications to Compel, Costs in the Cause
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
MAE Properties Limited
Plaintiff
Francis Thombe Nyammo
Defendant
Pacific Futures & Options Ltd
Defendant
Financial Futures & Options Ltd
Defendant
Express Financial Ltd
Defendant
Spring File Ltd
Defendant
Procedural Posture
Civil Case / Ruling on Application to Compel Answers to Interrogatories
Legal Issues
- 1 Whether the plaintiff's answers to the interrogatories delivered by the defendants were sufficient.
- 2 Whether the court should compel the plaintiff to provide further answers to the interrogatories.
Ratio Decidendi
The court found that the plaintiff had sufficiently answered the interrogatories delivered by the defendants. Upon reviewing both the interrogatories and the responses, as well as the grounds of opposition, the judge determined that there was no basis to compel the plaintiff to provide further answers. The application to compel was therefore denied, and costs were ordered to be in the cause.
Court Disposition
application dismissed
Orders
- No order to compel further answers to interrogatories is granted.
- Costs of the application shall be in the cause.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (MILIMANI COMMERCIAL COURTS)
Civil Case 700 of 2003
MAE PROPERTIES LIMITED…………………...………………. PLAIFNTIFF
VERSUS
FRANCIS THOMBE NYAMMO…………….……..…………..1ST DEFENDANT
PACIFIC FUTURES & OPTIONS LTD…….………….…….2ND DEFENDANT
FINANCIAL FUTRES & OPTIONS LTD……..……………...3RD DEFENDANT
EXPRESS FINANCIL LTD…………..……………..……........4TH DEFENDANT
SPRING FILE LTD…………………………...……...…………5TH DEFENDANT
RULING
Application dated 06. 08. 2008 seeking orders by the Defendant to compel the Plaintiff to answer interrogatories dated 30. 05. 08 and delivered to them vide the consent order dated 31. 07. 08
I have perused the interrogatories delivered and answers made in response and the Grounds of Opposition by Defendant/Respondent.
I am of the view that the answers are sufficient and no order is granted to compel further answers.
Costs of this application shall be in the cause.
DATED this 1st day of December 2008.
JOYCE N. KHAMINWA
JUDGE