JUDGMENT
OWUSU-ADDO J.
The plaintiffs' action is for an order to set aside a portion of the judgment in an originating summons suit entitled Ghassan Bridi v. Guardian Assurance Co, Ltd. which was entered on 6 December 1968 by the Kumasi High Court, on the ground of mistake.
As the title suggests, in that suit the present defendant, Ghassan Bridi, was the plaintiff and the present plaintiffs, Guardian Assurance Co., Ltd., were the defendants. The facts are briefly as follows: The defendant, who was an employee of Messrs. John Bitar and Co., sawmillers operating in Kumasi, was injured on his right heel in the course of his employment. It happened that his employers had in force, in relation to that injury, a policy of insurance with the plaintiff company. The defendant, by his present solicitors, took out an originating summons under Order 54A, r. 1 of the High Court (Civil Procedure) Rules, 1954 (L.N. 140A), to determine the following questions:
Whether or not the injury suffered by the pl…