KONADU
V.
NTOAH

BAIDOO J.: This motion was filed on 5 December 1970 by the defendant under Order 27, r. 1 of the Supreme [High] Court (Civil Procedure) Rules, 1954 (L.A. 140A), praying for an order dismissing the action for want of prosecution. The plaintiff instituted her action on 28 October 1970 by filing an ordinary writ of summons unaccompanied by any statement of claim. The writ was duly served on the defendant on 18 November 1970 and two days later the plaintiff filed a motion praying for an interim injunction to restrain the defendant. On 23 November 1970 the defendant, acting through her solicitor, Mr. Yaw Attakora-Amo, entered an appearance which was served in course of time on plaintiff’s solicitor, Dr. I. L. Ohene-Djan.

The endorsement on the writ indicated all along that the plaintiff was suing in her own right (not in any representative capacity) and suing only one defendant, Akua Konadu. Although Dr. Ohene-Djan is the person who has been acting as the plaintiff’s solicitor all along and…