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(1970) JELR 65039 (HC)

High Court  •  8 Dec 1970  •  Ghana



TAYLOR J.: The plaintiff by her solicitor sued the defendants claiming N¢300.00 damages against the defendants as endorsed on her writ of summons:

“for the unlawful destruction of the plaintiff’s cocoa pods and food stuffs by the defendants’ sheep at the plaintiff’s cocoa farm at Apemso on a land commonly known and called ‘Apemso-Mfikyire’ on the Asokore stool land bounded by the properties of Yeboah and Kwasi Manu.”

The application for the writ of summons at the district court grade II was headed “Under undefended list.” It was an application apparently made under Order 2, r. 9 of the Schedule II to Courts Ordinance, Cap. 4 (1951 Rev.), the rules governing civil procedure in the district courts. It was supported by an affidavit setting forth the grounds upon which the claim was based and it complied with the requirements of the said Order 2, r. 9 which reads as follows: [His lordship here read the provisions of Order 2, r. 9 as set out in the headnote and continued:]

The procedure to be…

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