BERNARD ASAMOAH vs. EFFAH

RULING This is a preliminary objection to the hearing of the motion for order for production of documents and inspection and to make copies. This preliminary legal objection raised by counsel for and on behalf of the defendant /applicant hereinafter referred to as the applicant praying the court to strike out the motion on notice for order for production of documents for inspection and make copies filed by the plaintiff/respondent hereinafter referred to as respondent. Counsel for the applicant argues that per the motion filed by the respondent, counsel for the respondent submitted that he was coming under Order 21 of CI 47, however, per the said Order 21 rule 1(1), the rule states that the application can be made “after the close of pleadings” and that Order 21 operates and rests on “after the close of pleadings”. Counsel further argues that they issued a writ and served the respondent but have not been served with any appearance nor statement of defence but were rather se...