JUDGMENT OF THE COURT
This is an appeal against a ruling dated 16th August, 2016 wherein the learned Judge (Sergon, J.) allowed an application for discovery in the exercise of the court’s power under Section 22 of the Civil Procedure Act. The central issue for determination in the present appeal is whether there is basis for this Court to interfere with the Learned Judge’s exercise of those powers.
It is trite law that the appellate court will only interfere with the exercise of discretion where the Judge misdirected himself in some matter and as a result arrived at a wrong decision or where he misapprehended the law or failed to take into account a relevant matter. (See this Court’s decision in Mrao Ltd v. First American Bank of Kenya Ltd and 2 Others [2003] KLR 125).
A synopsis of the pertinent facts which gave rise to the issue at hand is essential. Vide a letter dated 13th March, 2009, Cannon Assurance (K) Limited (the respondent), requested financial advice from Chase Bank (Kenya) L…