EDWARD WIREDU J.: On 5 January 1973, the plaintiff-respondent (who shall hereafter be referred to simply as the plaintiff) issued out of this court a writ of summons against the defendant-applicant (who will also hereafter be referred to as the defendant) claiming:
“A declaration that house No. G.8/2, Tantri Lane, Cape Coast, as well as a plot of land at Kotokuraba Road, Cape Coast, are the property of the plaintiff’s family and not the private property of the late Barrister D. Myles Abadoo.”
On 10 January 1973 the defendant entered a conditional appearance to the plaintiff’s writ. Twelve days thereafter (that is, 22 January 1973) at about 8.30 a.m. a statement of claim was filed on behalf of the plaintiff and round about 4 p.m. on that same day an application was filed on behalf of the defendant praying for an order that:
“[T]he writ of summons filed by Ebusuapanyin J. B. Amissah-Abadoo, the plaintiff on 5 January, 1973, be struck out under Order 19, rule 29 and under the inherent juris…