LAWRENCE KOJO CUORNOOH VS ISAAC AGUDEY

This Ruling is in respect of a Motion on Notice for an Order for the production of documents for inspection.

This was filed for and on behalf of Plaintiff/Applicant herein Lawrence Kojo Cuornooh by his Counsel.

The mainstay of this Application is that Defendant/Respondent Isaac Agudey in his Witness Statement made reference and attached a Scanned Copy of Land Certificate dated 17th January, 2023 as Exhibit 1. But the Defendant failed to attach the document which the Tettegah Family and Vedzi Azango Family relied on to obtain the Land Certificate.

Plaintiff is by this Application requesting that Defendant is ordered to produce to Court the original copy of the aforementioned Land Certificate and the document evidencing the grant whether a Lease, Statutory Declaration Assignment and any other.

Plaintiff/Applicant is also praying that the Defendant/Respondent be ordered by this Court to produce a Consent Judgment he made reference to in his Witness Statement which is: Nene Angmetey Kplivie Vrs Nene Nanor Kokotey IV Suit No. E/59/201. Plaintiff/Applicant contends that Defendant has in his possession custody or power of these documents which relate to issues in the cause or matter.

Counsel relies on Order 21 rule 10 of C. I 47. Counsel for Defendant/Respondent did not file any Affidavit in Opposition in respect of this Application.

Counsel however sought leave of Court to respond to this viva voce by way of a preliminary legal objection which the Court granted.

In opposing the instant Application, Counsel for Defendant/Respondent also refers to Order 21 rule 10. Order 21 rule 1(1), Order 21 rule 2 and contends that since Pleadings have closed and directions already taken, it means Plaintiff has waived his right.

Counsel for Defendant/Respondent further contends that Order 21 rule 10 though gives power to the Court to request for production of any document at any stage of proceedings, it is however subject to Order 21 rule 12 which says “production of records”. According to Counsel for Defendant/Respondent, this is interpreted as mandate has been given to the Court in respect of business records and therefore it is not applicable to Plaintiff’s Application.

In determining the instant Application, I will reproduce the provisions in the various rules under Order 21 of C. I 47 referred to in this Application: Order 21 rule 10 provides: Order for production to Court: “At any stage of proceedings in any cause or matter, the Court may subject to rule 12(1) or