EDUSEI J.: The plaintiff’s solicitor had on 8 January 1972, filed a notice of his intention to raise preliminary legal points. Counsel for the defendant, Mr. Mercer, has raised the point that the application is irregular because the application before the court should have taken the form of a motion paper supported by an affidavit, and he relied on Orders 25 and 38 (1) of the Supreme [High] Court (Civil Procedure) Rules, 1954 (L.N. 140A).
Counsel for the plaintiff, Mr. Antwi Nimoh, has also contended that his application is to seek permission of the court to raise the preliminary legal points and the reason of having the legal points set out in his notice for service on the opposite side is not to take her by surprise. His application is captioned: “Notice of Intention to raise Preliminary Legal Point.”
Order 25, r. 2 to which Mr. Mercer also referred states: [His lordship here read the provisions as set out in the headnote and continued:] and counsel argued that since there has not bee…