not confer corporate status on the Judicial Service Commission even if it is an organ or an agency of state. The second respondent will accordingly be struck out with costs. This is an application for discovery of information including documents regarding the nomination or otherwise of Justice Steven Kavuma as Deputy Chief Justice of Uganda to be produced expeditiously to enable the applicants to pursue a petition filed in the Supreme Court. Discovery is a category of procedural devices employed by a party to a civil or a criminal action, prior to trial to require the adverse party to disclose the information that is essential for the preparation of the requesting party’s case and that the other party alone knows or possesses. It is a device used to narrow the issues in a law suit or obtain evidence not readily accessible to the applicant for use at trial and/or ascertain the existence of information that may be introduced as evidence at trial provided it is not protected by privilege. Public policy considers it desirable to give litigant access to all material facts not protected by privilege to facilitate the speedy and fair administration of justice. Discovery is contingent upon a party’s reasonable belief that he or she has a good cause of action or defence. In view of the above clear objects of discovery, I am persuaded to agree with the submissions of Mr. Kabega for the third respondent and Mrs Rwakoojo for the first respondent that this being an interlocutory application, a party seeking for a production of documents from the other party must have a suit pending before the court. That suit must be before the court to which the application is made and the suit must have pending issues for determination by that court. The documents sought must be documents relevant to the determination of the pending suit before court. This correct position is born out in the law under the provisions of Order 10 rule 12 (1) and Order 10 rule 14 of the Civil Procedure Rules. Order 10 rule 12 (1) of the Civil Procedure Rules provides that: “ (1) Any party may, without filing any affidavit apply to the court for an order directing any other party to the SUIT to make a discovery on oath of the documents, 7

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