LUTTERODT JA.
The plaintiff-respondent took out a writ of summons against the defendant-applicant for a number of reliefs. The latter, on being served with the writ and statement of claim, entered conditional appearance and applied subsequently to have both the writ and the claim set aside on the ground that the action was statute-barred. At the hearing, counsel for the applicant raised a preliminary legal point that I do not think, for our purposes, it is necessary to state. Suffice it to say that on stating his objections, the matter was adjourned for the respondent's counsel to answer the points so made and the matter was thereafter adjourned for ruling. The ruling that was delivered subsequently, almost a month after arguments had been heard on the preliminary legal points, dealt not only with the legal points that the applicant had dealt with but also the substantive application itself on the merits. It went against the applicant.
The dissatisfied applicant did not only appeal agai…