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SAMPA V. SACKER

(1964) JELR 69769 (HC)

High Court  •  14 Aug 1964  •  Ghana

Coram
ARCHER J.

Judgement

ARCHER J.: This is an application by the defendant for further and better particulars under Order 19, rule 7 of the Supreme [High] Court (Civil Procedure) Rules, 1954.1 It seems strange that although Order 19, r. 8 provides that before applying for particulars by summons or notice, a party may apply for them by letters, the applicant has sought to apply in the first instance to the court. At the time of the hearing of the application I had every reason to strike off the application but my hand was tied down by the use of the word “may” in rule 8. Nevertheless I wish to stress that in future unless rule 8 is complied with in the first instance, I shall not consider any application to the court under rule 7 for further and better particulars.

Indeed, the practice in England as stated in the White Book is that the master will insist that the applicant should apply in the first instance to the other party by letter. I am convinced that that has been the practice in Ghana. The equivalent of…

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