LUGUTERAH vs. MENSA-ETSI

JUDGMENT OF TAYLOR J. This is an action for libel. It is not necessary to give the facts of the claim endorsed on the writ of summons. The plaintiff had his writ of summons issued on 17 January 1979. On the same date he also filed a statement of his claim and the writ accompanied by the statement of claim was served on the defendant on the same date. On 22 January 1979, the defendant entered appearance conditionally without prejudice to an application to set aside the writ of summons and on 26 January 1979, he filed a motion on notice praying for an order to set aside the writ of summons and statement of claim on the ground that by serving him with a writ of summons accompanied by a statement of claim, the plaintiff has breached the provisions of Order 3, r. 6 (4) of the High Court (Civil Procedure) Rules, 1954 (L.N. 140A). The defendant’s motion on notice following the formula which is now too familiar in our court was in the following form: “Please take notice that ...