TAYLOR J.
On 19 July 1971 I refused an application by the defendants-applicants and I reserved my reasons for so refusing to today. I did so because this application before me brought under Order 16, r. 11 of the Supreme [High] Court (Civil Procedure) Rules, 1954 (L.N. 140A.), involved a point of procedure of rare occurrence and does not seem to me to have been dealt with in the past in any way that can be properly described as full. I took the view that if it is fully dealt with such applications by tortfeasors will continue to be as rare here as they have been in England. The one local case directly in point which I came across, namely, Apenteng v. Bank of West Africa [1961] G.L.R. 81 to be dealt with later on in this judgment does not appear to have been vigorously argued although in its result the similar application therein made suffered the same fate as the application herein and for reasons which although short and concise are in my respectful opinion right.
With this preliminar…