[2025] KEHC 9040 (KLR)

[2025] KEHC 9040 (KLR)

The court found that the applicant had demonstrated sufficient cause for the production of the joint bank statement, as the document was relevant to establishing her contribution to the acquisition and development of the disputed property. The respondent failed to show any concrete prejudice that would result from the production of the statement. The court exercised its discretion to allow the application, noting that the matter had not yet proceeded to full hearing and that the interests of justice favored granting access to the bank records. The court further held that production of the joint account statement would facilitate a fair determination of the parties' respective...

Citation
[2025] KEHC 9040 (KLR)
Parties
Applicant: Nancy Wachera Ikenga; Respondent: Ashbel Muchiri Mwangi
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
26 June 2025
Case Number
Civil Case E049 of 2024
Procedural Posture
Miscellaneous Application / Ruling on Interlocutory Application for Production of Documents
Outcome
application allowed
Judges
HK Chemitei
Legal Topics
Discovery of Documents, Production of Bank Records, Joint Account Disputes, Contribution to Property, Admissibility of Evidence
Source Language
English
Civil Procedure Land and Property Discovery of Documents Production of Bank Records Joint Account Disputes Contribution to Property Admissibility of Evidence

Case Brief

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Parties

Nancy Wachera Ikenga

Applicant

Ashbel Muchiri Mwangi

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Interlocutory Application for Production of Documents

Legal Issues

  1. 1 Whether the applicant should be granted leave to produce the joint bank statement out of time.
  2. 2 Whether Equity Bank should be compelled to produce the joint account statement for the period 2000 to 2008.
  3. 3 Whether the respondent would suffer prejudice if the application is allowed.

Ratio Decidendi

The court found that the applicant had demonstrated sufficient cause for the production of the joint bank statement, as the document was relevant to establishing her contribution to the acquisition and development of the disputed property. The respondent failed to show any concrete prejudice that would result from the production of the statement. The court exercised its discretion to allow the application, noting that the matter had not yet proceeded to full hearing and that the interests of justice favored granting access to the bank records. The court further held that production of the joint account statement would facilitate a fair determination of the parties' respective...

Court Disposition

application allowed

Orders

  • Equity Bank Buruburu Branch is directed to supply the applicant with a bank statement for the period 2000 to 2008 of account number XXXXXXXXXXXXX within 30 days.
  • Upon receipt of the statement, the applicant shall file it within 14 days thereafter and it shall be admitted as the respondent’s evidence.