RULING ON ORDER 21 RULE 9 OF CI47 APPLICATION
There are some applications which warrant an exposition of the law in respect of the relevant procedure to be adopted . This application pursuant to Order 21 Rule 9 of CI 47 is one of them .It deals with what should happen pursuant to an order for inspection/production of documents as in this case where the Plaintiff seeks such production/inspection.
I shall begin by citing the relevant sections of the law for better scrutiny. It is trite that after pleadings have closed in a civil matter the parties can apply for discovery/inspection of documents in essence to avoid ambush litigation and to encourage the parties having had sight of all relevant documents to perchance explore settlement.
“Inspection of documents referred to in pleadings and affidavits
8. (1) A party may at any time serve a notice on any other party in whose pleading or affidavit reference is made to a document to produce the document for the inspection of the party giving the …