In the application dated 21.02.2023, the Plaintiff seeks to commit the Managing Director and Chairperson of the 2nd Defendant for contempt of court for failing to comply with orders issued on 25.10.2023. The said orders required the 2nd Defendant to provide full statement of the loan account since inception upto the sale of the suit property, a full account be given of the proceeds of sale and use thereof upon sale of the suit property and that it produce the insurance policy pursuant to premiums demanded and collected from the 1st Defendant and also account for funds collected as insurance premiums.
The 2nd Defendant states that it has complied by filing a replying affidavit annexing various documents in compliance with the orders. It has also filed its list and bundle of documents. Counsel for the Plaintiff pointed out that the documents were insufficient, had gaps and were incomplete hence the 2nd Defendant has not complied with the order.
I hold that discovery deals with production of documents. This issue of sufficiency or deficiency of the documents produced is a question for the trial and for the court to make appropriate inferences and attach appropriate weight to those documents in reaching its decision. I find that the 2nd Defendant has complied with the order for discovery by producing the documents requested notwithstanding the Plaintiff may consider them insufficient. I therefore dismiss the application dated 21.02.2023 with costs in the cause.
I however direct the 2nd Defendant to file and serve within 14 days an affidavit as to document swearing that it has produced all the documents in its power and possession in relation to this suit and that it does not have any other documents in its possession.
The matter shall be mentioned on 14.04.2023 to confirm compliance with the direction on filing affidavit as to documents.
DATED and DELIVERED at NAIROBI on this 30th day of MARCH 2023
D. S. MAJANJA
JUDGE