The High Court in Mombasa has dismissed an application by Central Bank of Kenya (CBK) opposing tycoon Ashok Doshi from producing copies of original bank documents he used to deposit over Sh920 million with Imperial Bank that went into receivership in 2015.
Doshi had deposited $8.715 million (Sh890 million) on fixed deposit account to mature in December 2015 and Sh49.2 million in local currency before Imperial Bank went under.
Justice PJ Otieno in his ruling said that CBK had failed to justify what injustice or abuse is likely to be prevented by them stopping Doshi from producing the photocopies of the bank deposit receipts.
“The converse question is what is the injustice or abuse that is sought to be prevented by the application. Those questions were never answered to my satisfaction in that no demonstration was put forth to justify the remedy of striking out as sought,” Justice Otieno said.
The judge ruled that case conference cannot be done through an application as filed by CBK but must remain interactive and consensus-building session with the court taking charge. “I conclude that the current application was devoid of interest of justice, neither was it in pursuit of the objective and purpose of the court but rather a disruptive manoeuvre that could have been avoided. On that note, the same lack merit and is hereby dismissed with costs,” Justice Otieno said.
Doshi had, through lawyer Willis Oluga, argued that CBK’s application was mischievous since they had consented to file other relevant documents they wished to rely on. He argued that courts said parties were not limited to rely only on documents already on record.
Mr Oluga said CBK failed to file any document in court for fear of exposing themselves as victims of double speech on the same issues it is relying on in other cases elsewhere. Lawyer Philip Murgor for Imperial Bank, Paul Chege for CBK had objected to Doshi producing photocopies of the bank statements used to deposit over Sh920 million withheld by Imperial Bank after it went under.
Murgor and Chege had insisted that Doshi produces original bank documents he used in depositing the cash. Dosh sued CBK and Imperial Bank in June 2018 for withholding his money.