KGMTI vs SERVISTAR-MINWAX W. A. LTD

This case involves an application by the Plaintiff/Applicant for leave to issue a subpoena ad testificandum to the Commissioner of Customs Division of the Ghana Revenue Authority. The applicant seeks the Commissioner's testimony regarding the status of certain shipping containers that were seized and auctioned. The application is made late in the proceedings, after the case management conference and pretrial stages, when the plaintiff is close to closing their case. The court considers the balance between allowing flexibility in calling witnesses and maintaining the integrity of the case management process introduced by C.I. 87. The judge emphasizes that the purpose of the amended rules is to avoid delays, prevent surprises to opponents, and ensure thorough case preparation. In this instance, the court finds that the applicant should have foreseen the need for the Commissioner's testimony during the case management stage, as the auction of the containers was known from the pleadings. The judge reasons that allowing such late applications would undermine the purpose of case management conferences and make case duration unpredictable. Ultimately, the court exercises its discretion to deny the application, finding no compelling grounds to allow it. The decision underscores the importance of adhering to pretrial procedures and the court's role in managing cases efficiently while ensuring justice is served. No order as to costs is made.