RULING
On 8 February, 2018 during cross examination of the plaintiff’s representative, counsel for the defendant prayed the court for an order directing the witness to provide the salary records of the plaintiff’s District Managers in the year 2010, 2011, 2012 and 2013.
Counsel for the plaintiff objects to the application. The basis of the objection is that the era of the application of High Court (Civil Procedure) (Amendment) Rules, 2014 (CI 87) where case management conference is conducted prior to the trial, parties are required to indicate on their pre-trial check lists whether there are outstanding discoveries or interrogatories. Counsel submits that since CMC has long been conducted and the defendant did not give any indication of his desire to conduct interrogatories or discoveries. Thus, granting the application to order the witness to produce documents during the trial is not only unfair but against the rules, counsel submits.
In response to the objection, counsel for the defend…