WILSON vs. SMITH

JUDGMENT OF APALOO C.J. On 12 August 1974, the respondent issued against the appellant, a specially indorsed writ claiming the sum of ¢3,100 being balance of the sum of ¢5,000 which the “plaintiff paid to the defendant for the supply of frozen imported fish and which said fish the defendant failed to supply.” The writ was taken out on the respondent’s behalf by her solicitor but the latter did not “indorse upon the writ of summons the address of the plaintiff” as required by Order 4, r. 1 of the High Court (Civil Procedure) Rules, 1954 (L.N. 140A). The writ was served on the appellant by substituted service and on 14 November 1974, the appellant entered appearance by his solicitor. On 2 December 1974, the appellant filed a defence to the action and also filed a counterclaim. In addition to the copy intended for the court, a copy was indorsed with the address of the respondent’s solicitor and was clearly intended to be served on him. On 11 February 1975, the res...