The essence of interrogatories is to fast track trial especially when it comes to cross-examination. In other words the essence of it is to limit the number of days to be used for cross examination. If the application is denied, the applicant does not suffer any loss as he/she will have opportunity to put the same questions to the respondent when he/she enters the witness box.
What this simply means is that, the denial of the petitioner's application does not in anyway stop his lawyers from putting these questions to the first respondent (EC) when Jean Mensah mounts the witness box. It does appear that the court is minded by the 42 days expiration period and would not entertain confounding issues. In this kind of litigation, strategy matters. Sometimes you need to test the thinking of the Court and that is exactly what the petitioner sought to do.