ADINYIRA (MRS.) J.A.
This appeal raises, a point of fundamental importance in the rules of pleadings and I think it is necessary to set out the facts of the case that have culminated in this appeal. On 14 March 2003, the plaintiff/respondent (hereinafter respondent) issued out at the High Court Accra, (Fast Track Division), a writ of summons accompanied by statement of claim against 1st defendant (hereinafter appellant) and another for:
1. Two hundred million cedis (¢200,000,000.00) being the value of its underground cable, which the defendants have wrongfully failed and or refused to deliver to the plaintiff despite repeated demands.
2. Interest thereon at the prevailing bank rate from the 10th day of August 1998 to date of final payment.
The appellant entered appearance on 8th April 2003 and filed a defence on 22nd April 2003. On 9th June 2003 the respondent applied for summary judgment under Order 14 of the old High Court Rules, L.N. 140A as amended by L.I. 1129, for the reliefs claime…