In his affidavit in reply to opposition of the petitioner’s application, the first applicant Hon. Gerald Karuhanga made a general denial of the third respondent’s averments save for the admission of paragraphs 1 and 2. A similar thing was done by Kiiza Eron the second applicant. In his rejoinder to the affidavit of Richard Adrole, the first applicant made a general denial thereto except admitting paragraphs 1 and 2 therein. At the commencement of the hearing of this application, Mr. Kabega learned counsel for the third respondent raised preliminary points of law which he hoped could dispose of this application to the effect that this application is incompetent, frivolous vexatious and an abuse of court process which should be struck out with costs. That since this is an interlocutory application, before a party seeks for production of documents from the other party, it must have a suit pending before the court to which the application is made. That there must be pending issues for determination by the court and the documents sought must be relevant to the determination of the pending suit before court. That since Misc. Cause 2 of 2015 is in the Supreme Court, that suit is not before this court and this court has no concurrent jurisdiction with the Supreme Court. Mr. Kabega further submitted that the applicants are on a fishing expedition which conduct cannot be allowed by court. Secondly Mr. Kabega submitted that under Section 16 of the Judicial Service Act, it is doubtful if this court would have the authority to issue the orders sought. That the only exception is found in Section 24 of the same Act which permits proceedings such as these to be brought under criminal proceedings or Judicial Review. Learned counsel prayed that this application be struck out with cost. Mrs Rwakoojo, the Commissioner Civil Litigation representing the first and second respondents associated herself with the submissions by Mr. Kabega. In support of the assertion that this application is an abuse of court process, she relied on the case of R. Benkay Nigeria Ltd Vs Caddbury Nigerian PLC of the Supreme Court Case No. 29 of 2006 at page 6. Mrs Rwokoojo further added that it was erroneous to add the second respondent as a party to this application 4