JUDGMENT
TORKORNOO (MRS), J.A.
This appeal has much to teach us about the importance of using the proper procedure when cases are presented in court. Order 2 Rule 2 of the High Court (Civil Procedure) Rules 2004 CI 47 directs that all actions must be commenced by Writ of Summons. It reads:
Commencement of proceedings
2. Subject to any existing enactment to the contrary, all civil proceedings shall be commenced by the filing of a writ of summons.
Order 19 rule 1 (2) also provides that every application in pending proceedings shall be made by motion. The exception to and fusion of these two modes of proceeding is created in Order 19 rule 1 (2) which provides that:
(2) Proceedings by which an application is to be made to the court or a judge of the court under any enactment shall be initiated by motion and where an enactment provides that an application shall be made by some other means, an application by motion shall be deemed to satisfy the provision of the enactment as to the making of the …