Tirupati Development (U) Limited v KCB Bank (U) Limited and Another
Tirupati Development (U) Limited v KCB Bank (U) Limited and Another (Civil Miscellaneous Application 707 of 2022) [2023] UGHCCD 138 (5 May 2023)
The court found that discovery is a discretionary remedy and must be limited to documents that are material and relevant to the issues in the main suit. The applicant's request for discovery was partially granted, as some documents relating to the loan transactions and specific bank accounts were deemed relevant and not disputed by the respondents. However, requests for broad categories of documents, such as money laundering reports and IT policies, were denied due to concerns about privacy, confidentiality, and lack of specificity. The court emphasized the need to balance the right to access…
Source excerpt
- Discovery Of Documents
- Banking Fiduciary Duty
- Privacy And Confidentiality
- Loan Facility Management