GORDON LOTSU & ANOR VS INSPECTOR GENERAL OF POLICE & ANOR
2019
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP JUSTICE NICHOLAS M. C. ABODAKPI
Areas of Law
- Civil Procedure
- Constitutional Law
- Criminal Law and Procedure
2019
HIGH COURT
GHANA
CORAM
AI Generated Summary
This case involves a motion for discovery of documents filed by the Plaintiff/Applicant under ORDER 21 Rule 3 of C. I. 47/04. The Plaintiff sought various documents related to a complaint against Alhaji Ibrahim Hassan and the Plaintiff's own caution statement. The Respondents opposed the motion, citing lack of possession of some documents and irrelevance to the case. The court considered the rules on discovery, which state that it should be ordered when necessary for fair disposal of the case and to save costs. The judge noted that some requested documents were already provided in witness statements. The court ordered that the caution statement annexed to a witness statement constitutes compliance, while other requests would be determined through viva voce evidence. The deponent of the opposition affidavit is to be cross-examined. The case highlights the importance of proper document discovery procedures in civil cases and the role of the Attorney General in representing the Police Service.
This motion for an order for discovery of documents has been filed under ORDER 21 Rule 3 of C. I. 47/04 The affidavit in support, shows on 22/07/2016 Plaintiff/Applicant filed a similar application for the production of the under-listed documents: 1) Complaint made by Donita Neequaye against Alhaji Ibrahim Hassan and others at the Central Police Station, Accra. 2) Police Investigative docket containing complaint by Donita Neequaye against Alhaji Ibrahim Hassan and others. 3) Plaintiffs caution statement at the Tema Regional Police station. It is Applicant’s prayer that the motion be granted. In opposition, the reasons as assigned are these: 1. That the case docket involving Donita Neequaye against Alhaji Hassan at Central Police Station, is not known to them. And therefore, Respondents do not have possession of the case docket. And on this the deponent, one Christiana Awoonor-Anderson stated: “para 7: That if the applicants want a docket in respect of Donita Neequaye and Alhaji Hassan, if any, the applicant should go to the Central Police Station, Accra and request for same.” 2. That Applicant is seeking information which has no bearing on this suit. 3. The Respondent however, stated Applicant gave caution statement at the Tema Regional Police Station and it is already attached to Saviour Ahiamadi’s witness statement. And that the content are about Applicant’s dissatisfaction with the conduct of the Police, but has nothing to do with Donita Neequaye. 4. That with Alhaji Hassan not being a party to this suit, the production of document or docket involving him is not necessary or relevant. Order 21 Rule 3 of C. I. 47 on discovery of documents provides: “3(1) Subject to Rule 6, any party to a cause or matter may apply at the stage of the Application for Direction for such discovery as is necessary …” (2) Notwithstanding sub-rule (1) the Court any alter the application for Direction, upon an application by a party for reasonable cause shown order any other party to make discovery. 3) Notwithstanding sub-rules (1) and (2) an order under this rule may be LIMITED to such Documents only or to only issues in the cause or matter as may be specified in the other. In the rules of Court, it is also provided that discovery should be ordered when it is deemed necessary either for a fair disposal of the cause or matter and so as to save cost. The writ in this action has a claim of compensation of One Million Ghana Cedis for the unlawful arrest, detention and assault on Pl