A businessman seeking to recover deposits totalling Sh1 billion from Imperial Bank (under receivership) has opposed an application by the Central Bank of Kenya (CBK) seeking to have their evidence documents expunged.
Ashok Doshi told the court that his pleadings, witness statements and affidavits do not breach the Evidence Act. Mr Doshi and his wife Amit have sued Imperial Bank and the CBK in a bid to recover their deposit in the collapsed bank.
Lawyers Francis Kadima and Willis Oluga, for the couple, told Justice Patrick Otieno that it was not for the CBK to dictate to Mr Doshi which documents to rely on in support of his case and how to conduct it.
“Each case has to be addressed on its own merit, the documents being challenged are CBK’s own documents,” Mr Oluga argued.
Mr Doshi further told the court that the CBK had not shown what prejudices it will suffer, and that the banking industry regulator had a window to counter the documents which it did not utilise.
The CBK, the businessman argued, will be at liberty to raise any objection or complaint at the pre-trial conference and test the veracity of the documents at cross-examination.
“The court has jurisdiction both inherent and under Section 35 of the Evidence Act to admit the documents,” said Mr Kadima in his submissions.
In its application, the CBK says that the pleadings contained in the documents filed by the Doshis amount to mere allegations and that no witness will be called to testify regarding them.
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