FAH V. BEDIATUO II AND OTHERS

LASSEY J.

This is a motion supported by an affidavit brought under Order 70, rr. 1 and 2 of the Supreme [High] Court (Civil Procedure) Rules, 19541 on behalf of the plaintiff in the above-named suit, asking this court for an order to set aside the proceedings, including the judgment of Bruce-Lyle J. (as he then was) dated 7 June 1963, on the ground that there had been non-compliance with the said Order.

The brief history of the suit terminating in the judgment of the court on 7 June 1963, is as follows: On 2 February 1962, the plaintiff, who is the applicant herein took out an ordinary writ of summons with an accompanying statement of claim against the three defendants, claiming against them special and general damages for trespass and also an order for perpetual injunction in respect of his farm.

On 4 February 1962 appearance was formally entered to the plaintiff‘s writ on behalf of all the three defendants and a statement of defence delivered on 28 February 1962. In addition the first …