THE EXPORT COMPANY VRS NIVIAGREEN COMPANY LTD & ANOTHER (C11/163/22) [2024] GHACC 11 (25 January 2024)

THE EXPORT COMPANY VRS NIVIAGREEN COMPANY LTD & ANOTHER (C11/163/22) [2024] GHACC 11 (25 January 2024)

The proposed interrogatories are either not in dispute based on the pleadings or amount to a fishing expedition for irrelevant information, particularly banking details, which will not assist the court in fairly resolving the matters in dispute. Granting the application would shift the evidential burden improperly and is not necessary for the fair disposal of the case.

Citation
THE EXPORT COMPANY VRS NIVIAGREEN COMPANY LTD & ANOTHER (C11/163/22) [2024] GHACC 11 (25 January 2024)
Parties
Plaintiff/applicant: The Export Company; 1st Defendant/respondent: Niviagreen Company Ltd; 2nd Defendant: Nicholas Osei Afari
Court
ghacc
Jurisdiction
Ghana
Judgment Date
25 January 2024
Procedural Posture
Civil / Ruling on Motion for Discovery by Interrogatories
Outcome
Application dismissed
Legal Topics
Discovery, Interrogatories, Evidentiary Burden, Relevance of Evidence
Source Language
eng
Civil Procedure Discovery Interrogatories Evidentiary Burden Relevance of Evidence

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Parties

The Export Company

Plaintiff/applicant

Niviagreen Company Ltd

1st Defendant/respondent

Nicholas Osei Afari

2nd Defendant

Procedural Posture

Civil / Ruling on Motion for Discovery by Interrogatories

Legal Issues

  1. 1 Whether the proposed interrogatories are necessary for the fair disposal of the case or amount to a fishing expedition
  2. 2 Whether the interrogatories sought are relevant to the matters in dispute

Ratio Decidendi

The proposed interrogatories are either not in dispute based on the pleadings or amount to a fishing expedition for irrelevant information, particularly banking details, which will not assist the court in fairly resolving the matters in dispute. Granting the application would shift the evidential burden improperly and is not necessary for the fair disposal of the case.

Court Disposition

Application dismissed

Orders

  • Application for leave to serve interrogatories is dismissed.