ADJOE vs. NYAKOH

JUDGMENT OF ANSAH-TWUM J. The plaintiff, having on 14 December 1978, filed a writ of summons specially indorsed, and, in which she claims, “the refund of the sum of ¢6,001 being money the defendant made the plaintiff spend on his, defendant’s building being constructed on plot No. 84, Tanokrom,” and the defendant having on 3 January 1979, entered a conditional appearance, she has since 8 January 1979 filed a summons for judgment under Order 14, r. 2 of the High Court (Civil Procedure) Rules, 1954 (L.N. 140A). The summons for judgment came on for hearing on 22 January 1979 when learned counsel for the defendant-respondent took a preliminary objection to the effect that under the High Court (Civil Procedure) (Amendment) (No. 2) Rules, 1977 (L.I. 1129), and the relevant provisions in the The White Book, 1967, i e. The English Supreme Court Practice, 1967, the summons for judgment under Order 14, rr. 1 and 2 is incompetent or premature, in that the plaintiff must have filed a st...