AZINOGO V. W. E. AUGUSTT AND CO. LTD.

AMPIAH J.A.: This is an appeal against the decision of the High Court, Ho dated 4 December 1987. On 30 September 1987 the plaintiff-company took out a writ of summons against the defendant for,

“(1). . . the immediate payment of the sum of ¢652,000 being balance of the purchase price of 297 bags of granulated white sugar purchased by the defendant. Interest on the said sum at the rate of 26 per cent from 24 April 1987 up to the date of judgment.”

This writ which was accompanied with a statement of claim was served on the defendant on 1 October 1987. A search made on 27 November 1987 at the court’s registry revealed that no defence had been filed as at that date. On the same date the plaintiff-company applied by motion on notice for summary judgment. The return date was fixed at 4 December 1987. On that date the plaintiff-company moved the court for judgment. The bailiff’s certificate of services showed that the defendant was served with the motion for judgment on 1 December 1987. No aff…