ANTERKYI J.: By his writ filed on 6 October 1969 the plaintiff’s claim “against the defendants is for an order to set aside the purported sale of the plaintiff’s cocoa farm ... by the second defendant on the alleged instructions of the third and fourth defendants to the first defendant and (2) N¢200.00 damages for trespass.”
Upon a summons for directions being taken out, the court granted the plaintiff’s application under the Supreme [High] Court (Civil Procedure) Rules, 1954 (L.N. 140A), Order 25, rr. 2 and 3 for an order setting down for hearing and disposal (before trial) the points of law raised in the pleadings, i.e. in paragraph (7) of the statement of claim, and in paragraphs (6) and (7) of the reply to the statement of defence, and paragraphs (2) and (5) of the summons for directions which are substantially these:
“(1) Whether or not L.I. 619 prevented the third defendant from going into execution while appeal is pending.
(2) Whether or not under Order 42, rule 46, the third defe…