MENSA BOISON J.: The defendant by counsel moves the court to have the plaintiff’s writ of summons struck out as disclosing no cause of action. By that writ the plaintiff claims for a declaration that the defendant’s election as a council held on 17 November 1978 was void.
The defendant’s motion follows an entry of conditional appearance or appearance under protest. That is said to be by virtue of Order 12, r. 24 of the High Court (Civil Procedure) Rules, 1954 (L.N. 140A), which provides:
“24. 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.”
Mr. Kwaw-Swanzy for the plaintiff, contests the propriety of the motion. He submits that the applicant is out of court, since Order 12, r. 24 applies only to motions before entering appearance albeit conditi…