[2013]DLSC2710 • February 5, 2013 • Supreme Court •
NANA ADDO DANKWA AKUFO-ADDO, DR. MAHAMUDU BAWUMIA AND JAKE OTANKA OBETSEBI-LAMPTEY vs. JOHN DRAMANI MAHAMA, THE ELECTORAL COMMISSION AND NATIONAL DEMOCRATIC CONGRESS (NDC)
The case involves consolidated applications for pretrial discovery in a presidential election petition. The petitioners alleged electoral irregularities including over-voting and padding against the 2nd respondent (Electoral Commission). The applications concerned requests for further and better particulars and interrogatories to clarify the claims and enable proper preparation for trial.
read moreGBADEGBE,JSC; Read the ruling of the court as follows: We have before us in these proceedings three consolidated applications relating to pre-trial discovery in the matter herein. While two such applications are for further and better particulars directed at the petitioners by the 1st and 2nd respondent, the petitioners also seek against the 2nd respondent an order for interrogatories. By rule 68 (3) (d) of CI 16, the Supreme Court Rules as amended by CI 74, a petition is required to include facts on which the petitioner relies on and in our thinking the facts to be contained in the petition have the same objective as those contained in a statement of claim and consequently it is right that discoveries be available in relation to them.It repays for this purpose to quote rule 68(3) (d) that is expressed as follows: “The petition shall state the facts relied on, to be verified by affidavit and the law in support of the petition” As the applications with which we are concerned in...