MICHELLETTI POLLA LTD. vs. CRABBE AND OTHERS

The plaintiffs/respondents sued for recovery of ¢1,440 as arrears of rent for the period 1 April 1971 to 31 March 1974 at ¢480 per annum in respect of leased land at Avenor, Accra, together with mesne profits. The defendants/appellants admitted the lease and the covenant to pay rent, but pleaded that their possession had been disturbed by a third party, Violet Afua Naanum Whitaker, who had brought an action asserting title against them, causing them on legal advice to pay rents into court pending determination of that title dispute. At the summons for directions, counsel for the plaintiffs made an oral application for judgment on admissions under Order 32, rule 6, and the circuit court entered judgment for the plaintiffs despite objection by defence counsel that no proper application had been made and that the defendants were taken by surprise. Portion of judgment indicating this: “The brief facts are that the plaintiffs issued a specially endorsed writ... claiming: ‘a ¢1,440 arrears of rent... b Mesne profits.’”; “The defendants... admitted the lease, the covenant to pay rent... their possession... was being disturbed by a third party...”; and “At the hearing of the summons, counsel for the plaintiffs made an oral application for judgment under Order 32, r. 6...”