High Court directs that the plaintiff's discovery motion should be heard before the motions brought by the first to sixth defendants seeking to strike out certain paragraphs of the plaintiff's amended statement of claim in defamation proceedings, in circumstances where a balance had to be struck between the plaintiff's assertion that he will not be able to advance fully and properly the claim in terms of how, when, where and by whom the wrong was done by him, and the general principle that the pleadings and their permitted parameters ought to be defined before an application for discovery is considered and determined.
Application for directions as to the order in which certain motions issued by the plaintiff and the first to sixth named defendants ought to be considered and determined - plaintiff’s is a motion for discovery - the first to sixth defendants seek an order pursuant to Order 19, rule 27 of the Rules of the Superior Courts striking out paras. 16A and 16B of the amended statement of claim and an associated schedule or in the alternative an order pursuant to the inherent jurisdiction of the court that those pleas should be struck out as being inadequately particularised, disclosing no reasonable cause of action, are frivolous and vexatious and are bound to fail - the defendants argued that discovery is properly determinable based on the proceedings and if aspects are struck out, it will have an effect on the application and consequently their motion should be heard first -he plaintiff complains that a wrong has been done but without discovery he will not be able to advance fully and properly the claim in terms of how, when, where and by whom. He further submits that any inadequacy of pleading has not prevented the defendants from delivering their defence which motion should be heard first - discovery motion to be heard first.