HOOPER and Others v OILS & FATS LTD and Others

Twene-Boa-Kodua J ruled on an interlocutory dispute arising in a civil action concerning a notice to admit documents. On 24 July 1996, the plaintiffs filed and served a notice to admit an assets declaration form dated 16 February 1988 on the solicitors for the first, second, fourth and fifth defendants; there was no evidence of service on the third defendant. The served defendants responded on 30 July 1996 with a counter-notice objecting that the form was a confidential statutory declaration associated with the Government of Ghana and that the notice was incompetent because it was delivered after the action had been set down for trial; the trial had begun roughly on 30 April 1996. Plaintiffs argued that Order 70, r 1 could cure the tardiness. Applying Order 32, r 2(1) of LN 140A and guidance from the White Book, the court held the nine-day requirement mandatory, rejected the curative discretion under Order 70, r 1 for fundamental breaches, set aside the notice, and awarded ₦60,000 costs; the confidentiality issue was left for later.