This is an appeal against the interlocutory ruling of the Court of Appeal dated 28/02/2019. The appeal is a second one filed by the plaintiff in the trial High court after his first appeal to the Court of Appeal did not find favor with the court.
The facts are that, at a case management conference during application for directions, the plaintiff objected to the admissibility of a document attached to the written statement of defendants’ witness. The preliminary objection was that the document, which the defendants had filed at the registry of the court in compliance with Rule 7A of Order 32 together with the witness statement of defendant’s witness, was not admissible and therefore should not be adopted by the court as part of the documents to be relied on by the defendant at the trial. The reason for saying the document was not admissible was that it contained material that was prejudicial to plaintiff’s case.
The judge overruled the preliminary objection and held that the do…