MERCER V. GUINEA PRESS LTD

ARCHER J.

This is an application by the defendants under Order 12, r. 24 and Order 70, r. 2 of the Supreme [High] Court (Civil Procedure) Rules, 1954 (L. N. 140A), to set aside the writ of summons or alternatively service of the writ of summons issued by the plaintiff on the ground that the Attorney-General’s fiat was not obtained before the writ was issued as required by paragraph 1 of the Newspapers Decree, 1966 (N.L.C.D. 107).

Before I consider the merits of the application I propose to deal with certain procedural points which have become glaring in this matter. Order 12, r. 24 provides:

“A defendant before appearing shall be at liberty, without obtaining an order to enter or entering a conditional appearance, to take out a summons or serve notice of motion to set aside the service upon him of the writ or of notice of the writ, or to discharge the order authorising such service.”

Order 70, r. 2 also provides:

“No application to set aside any proceeding for irregularity shall be allowed…