AMENLEMAH II V. ARIZI POLLEY II AND OTHERS

DJABANOR J.: This is an application by the applicant herein for a writ of attachment to issue against the respondents herein for contempt of the order of this court dated 13 April 1964. Upon the motion coming on for hearing Mr. Cann for the respondents raised a preliminary objection that the application is improperly before the court in that the applicant’s papers are deficient in one particular, namely, that there is no statement filed in compliance with Order 59, r. 21 (1) of the Supreme [High] Court (Civil Procedure) Rules, 1954.1 This rule states that the application shall follow the procedure laid out in Order 59, rr. 2, 4, 5, and 6. Rules 2 (2) and 5 (1) are in the following terms:

“2.(2) An application for such leave as afforesaid shall be made ex parte to the Court, except in vacation when it may be made to a Judge in chambers, and shall be accompanied by a statement setting out the name and description of the applicant, the relief sought, and the grounds on which it is sought,…