pontrilas investments ltd v central bank of kenya and another application 14 of 2019 2020 eacj 26 15 june 2020

pontrilas investments ltd v central bank of kenya and another application 14 of 2019 2020 eacj 26 15 june 2020

Only documents described with sufficient specificity, relevance, and proven possession by the First Respondent may be ordered for production; witness summons should issue to the Head of the Bank Supervisory Department, not the Governor, as direct evidence is preferred. Amendment to correct typographical error is allowed by consent.

Citation
pontrilas investments ltd v central bank of kenya and another application 14 of 2019 2020 eacj 26 15 june 2020
Parties
Applicant: Pontrilas Investments Limited; First Respondent: The Central Bank of Kenya; Second Respondent: The Attorney General of the Republic of Kenya
Court
EACJ
Jurisdiction
Tanzania
Judgment Date
15 June 2020
Procedural Posture
Application (arising From Reference) / Ruling on Interlocutory Application
Outcome
Application partially granted
Legal Topics
Regulatory Oversight, Receivership, Document Production, Witness Summons, Amendment of Pleadings
Source Language
English
Banking Law Administrative Law Regional Treaty Law Regulatory Oversight Receivership Document Production Witness Summons Amendment of Pleadings

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 10 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Pontrilas Investments Limited

Applicant

The Central Bank of Kenya

First Respondent

The Attorney General of the Republic of Kenya

Second Respondent

Procedural Posture

Application (arising From Reference) / Ruling on Interlocutory Application

Legal Issues

  1. 1 Whether witness summons should issue for the Governor of the Central Bank of Kenya
  2. 2 Whether leave to amend the Amended Reference should be granted
  3. 3 Whether production of documents sought meets specificity, relevance, and possession criteria

Ratio Decidendi

Only documents described with sufficient specificity, relevance, and proven possession by the First Respondent may be ordered for production; witness summons should issue to the Head of the Bank Supervisory Department, not the Governor, as direct evidence is preferred. Amendment to correct typographical error is allowed by consent.

Court Disposition

Application partially granted

Orders

  • Amendment to correct date in Amended Reference allowed by consent.
  • Production of documents in items B13(c), (e), and (i) of Schedule A allowed.