In a nutshell, the common feature of an abuse is in the improper use of the judicial process by a
party in litigation.
From the facts of this case, this is a fishing expedition because without a suit before this court for
determination, there is no way this kind of application can be competent before the court.
On what amounts to a fishing expedition I will refer to the case of Gale Vs Denman Picture
Houses Ltd [1930] KB 588, 590 per lord, Scrutton L. J relied upon by the respondent wherein it
was held inter alia thus
“A plaintiff who issues a writ must be taken to know what his case is. If he merely issues
a writ on the chance of making a case he is issuing what used to be called a “fishing bill”
to try to find out whether he has a case or not. That kind of proceeding is not to be
encouraged. For a plaintiff after issuing his writ but before delivering his statement of
claim to say, “show me the documents which may be relevant so that I may see whether I
have a case or not” is most undesirable proceeding.”
I agree therefore that this application is a fishing expedition which cannot be allowed by this
court.
For the reasons I have endeavored to give in this ruling I will uphold the objections by all learned
counsel for the respective respondents and find that this application is incompetent and is
accordingly struck out with costs to the respondent. I so order.
A certificate of three counsel is given.
Stephen Musota
11
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