This appeal raises a point of practice and procedure of some importance, and we think it necessary therefore to set out the full history of the proceedings that have culminated in this appeal.
The plaintiff-respondent by his solicitor issued out of the Divisional Court at Kumasi a specially endorsed writ by which he claimed the sum of £G550 6s. 8d., particulars of which appeared in the statement of claim annexed to the writ. The writ was sealed on the 11th March, 1959, and was served on the defendants-appellants, a company doing business in Accra, on the 16th March, 1959. The appellants by their solicitor entered appearance to the writ on the 18th March, 1959, although the memorandum of appearance was not filed in court until the 24th March, 1959, and was served on the respondent’s solicitor on the 14th, April, 1959. The appellants’ solicitor filed a defence dated the 6th April, 1959, and this was delivered to the respondent’s solicitor on the 16th April, 1959.