RULING
TAYLOR J.
This is a suit for a declaration that the plaintiff, an infant whose father is dead, is the owner of a house at Teianshi in Labadi. In the statement of claim it is pleaded inter alia that the infant plaintiff "brings this action by his mother and next friend who was the wife of the deceased." In their statement of defence the defendants pleaded, inter alia, "that no written authority was filed at the registry before the name of the next friend was used in the action and that the action is not properly before the court."
On 21 March 1977, the solicitor for the plaintiff took out summons for directions asking for directions that the case proceed to trial on the issues as to the ownership of the house. The summons came before me on 30 March 1977, but counsel for the defendants did not file any additional issues, he rather raised a preliminary objection to the propriety of the summons for directions being taken. He submitted, no doubt in the light of his pleadings, that th…