GH - GORDON LOTSU & ANOR VS INSPECTOR GENERAL OF POLICE & ANOR

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

GORDON LOTSU & ANOR VS INSPECTOR GENERAL OF POLICE & ANOR

Areas of Law

RULING