ACCRA FURNITURE AND RUBBER FOAM CO., LTD. vs. INDART S.P.A. OF ROME

The respondent company by their agent entered into a contract with the appellant company to sell to it a quantity of goods manufactured by the former. These goods seem to have been duly shipped to the appellants by the respondents. As the latter did not receive payment for them, they took out a specially endorsed writ against the appellant company. It was endorsed as follows: “The plaintiff’s claim is for N¢72,550.77 (seventy two thousand five hundred and fifty new cedis, seventy-seven new pesewas) being the price of goods sold and delivered to the defendant company at its request.” The writ was taken out on 3 July 1969. The appellant company entered appearance to the writ on 29 July 1969. On 4 September 1969, the respondent company acting under rules 1 and 2 of Order 14 of the Supreme [High] Court (Civil Procedure) Rules, 1954 (L.N. 140A), sought leave to enter judgment against the appellants. In compliance or purported compliance with Order 14, r. 1, the late Mr. J.N. Heward-M...