<p>OSEI-HWERE J.: This is a motion brought by the defendant to set aside the order of the court made on 28 October 1974, striking out the suit under the registrar’s summons. The brief history of the suit is that the plaintiff issued his writ against the defendant on 9 September 1971. On 20 January 1972 (when the case was ripe for hearing) both counsel agreed that a plan of the disputed area be drawn out and the court made its order accordingly. On 15 November 1972, the surveyor formally tendered the plan in evidence and following that the suit saw many adjournments until it was finally adjourned sine die on the application of both counsel on 2 July 1973. Thereafter the suit came before the court under a registrar’s summons on 28 October 1974 when it was struck out. On that date neither the parties nor their counsel were in court but as their solicitors had, in fact, been served with the summons that court obviously deemed that as sufficient service on the parties and struck out the suit …</p>