KPEGAH J.A.: Kpegah J.A. delivered the ruling of the court. In these proceedings, the appellant-applicant (hereinafter referred to as the applicant) is seeking an order of this court to set aside the issuance of the notice of dispatch of the record of appeal (Form 5) which was served on his solicitors. The prayer of the applicant is akin to a motion to set aside the service of a writ of summons as provided for under Order 12, r. 24 of the High Court (Civil Procedure) Rules, 1954 (L.N. 140A).
When the motion came up for hearing, learned counsel for the applicant, Mr Neils Lutterodt, informed the court that Mr Johnny Hansen, solicitor for the respondent, had indicated to him that he was not opposed to the application. The court interpreted this concession to the applicant by Mr Johnny Hansen to mean only that he has no assistance to offer the court; and since the issue is one of law, we decided to take argument from Mr Lutterodt and to examine the problem.
The applicant is the appellant i…