37. Anton Piller orders

Edition: 2022-12-31 · In force

37. Anton Piller orders

(1)If a person has prima facie evidence that his right has been infringed by another party and he satisfies the court or Copyright Tribunal that prima facie—

(a)he has a cause of action against another person which he intends to pursue;

(b)the other person has, in his possession, documents infringing copies or other things of whatsoever nature which constitute evidence of great importance in substantiation of that cause of action; and

(c)there is the real and well-founded apprehension that the documents, infringing copies or other things may be hidden, destroyed or rendered inaccessible before discovery can be made in the usual way,

the court or Copyright Tribunal as the case may be, may make such order as it considers necessary or appropriate to secure the preservation of the documents, copies or things as evidence.

(2)An order made under subsection (1) may be granted ex parte.[Act No. 20 of 2019, s. 26.]

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Source: Kenya Law