Discovery and Inspection:
O 21 process where a party may compel the disclosure of important documentary evidence in possession of unwilling opponent, since disclosure may adversely affect opponent’s case, to enable party adequately prepare sufficiently for trial. 3 types: disclosure, inspection and production of important information in writing in his custody, to adversary or court, for evidential purposes. Seeks to eliminate surprises in civil trial and give parties even play.
O 21r1&2 begins with mutual discovery after pleadings close, within 14 days make and file for service on party a list of docs in that party’s possession, custody or power which relates any issue between parties to be discovered. O 21r6 court may on application order the parties or any of them shall make discovery of such docs or such matters or order no discovery where satisfied that discovery not necessary.
O 21r3 any party may apply at stage of application for directions or after, if reasonable cause is shown, for directions for such discovery as is necessary and order respondent to serve list of docs in his custody. O 21r7 party serving list of docs on another in compliance with court order shall serve notice on other party stating time within 7 days after service of notice and place when other party may inspect and take copies of docs other than any which party objects to produce.
O 21r8 at any time to serve notice on other in whose pleading or affidavit reference is made to doc to produce same for inspection and permit making of copies. O 21r9 failure to serve notice or object to production of doc entitles court to order upon application by other party production of doc as fit. O 21r14 failure to obey order of court for production or discovery, court may make any order(s), dismiss action, struck out defence and enter judgement, defaulting party non-use of doc in trial without leave of court, contempt, so even where service of order is on lawyer for party and if fails to give party notice is liable to contemptper rr14(2) &(3).
Court will grant order only where it considers discovery and inspection necessary for a fair disposal of case.
Interrogatories:
O 22 process of discovering documentary evidence in the form of questions to be answered by party against whom order is granted, by party applying for leave on notice to serve opponent interrogatories relating to any matter or questions between them and request other party to answer interrogatories on affidavit within specified period, may be served on body corporate but court will direct the officer or member to be served.
Court will grant order for interrogatories only where it considers it necessary for a fair disposal of case. Answers to interrogatories may be put in evidence by a party at the trial.
Where insufficient answers, court may order further answers by affidavit or on oral examination as court direct. Upon failure to obey order for interrogatories court may order dismissal of action, strike out defence and enter judgement or commit for contempt, so even where service of order is on party’s lawyer whose failure to notify party make him liable.
Admission
O 23r1 in pleading stage a party may admit an allegation of the other party in letter before or after initiation of action, either wholly or partly puts an end to the controversy or narrow the dispute and help speedy trial and party in whose favour it is made is relieved of burden of proving it. O 13r3 party may request the other to admit a fact or authenticity of a doc within 14 days of after service to respond else deemed admitted. Per Ewusie-Mensah v Ewusie-Mensah
When admission is made party in favour is entitled to judgement or order by application on notice on admission without waiting for determination of other issues, if admission on part of liquidated claim judgement will be given P on such part, such admission must be clear without any reservations or issues to be argued, application for judgement not be made after commencement of case. Per Social Security Bank v Biney, Pomaa v Fosuhene, Adjavon v GIHOC
Application for Direction
O 32 preparatory stage of trial, court considers how trial be conducted, application is to ensure that all matters which have not already been dealt with are considered and dealt with and directions given as to the future course of action to ensure expeditious and inexpensive disposal of case. O 32r2 after one month of close of pleadings P shall file notice of an application for directions to be served on all parties, shall be at least 8 days after date served and hearing date, failure by P entitled D to apply to dismiss action.
This rule applies to all civil actions except, application for judgement on admission, actions in proceedings under O 65, actions at commercial court under O 58, actions in which directions are given under O 11r19 O 14r6 and O 25r7, action in which order for account is made under O 29r1 and action for infringement of patent under S 11 of Patent Act 2003 (Act 657)
O 32r4 party served with application entitled to also any order or direction which differ from main directions, notice of it shall be filed not less 7 days before hearing of application for directions. When application comes on hearing court may deal with all matter on interlocutory application before trial, and may suo motu consider whether order be given or direction made, and encourage parties to make admissions and agreements as to conduct of proceedings which shall be incorporated by the court in its order.
Contents: form of notice, court in which action is pending, parties’ names, suit no, title-application for directions, divided into paragraphs a. list all issues for determination b. mode of trial either oral or documentary c. period for trial d. issue as to cost ‘costs in the issue’, dated and signed by lawyer of party applying, addressed to registrar of court of pending case, to opposite party.