JUDGMENT OF AZU CRABBE J.A.
Azu Crabbe J.A. delivered the judgment of the court. This is an application by the plaintiffs-applicants for an order for special leave to appeal to this court against the unreported ruling of Hayfron-Benjamin J. given on 23 November 1970, in the High Court, Accra. The circumstances leading to this application are briefly these: On 5 October 1970, the applicants filed a specially endorsed writ, accompanied by a statement of claim, against the respondents claiming the sum of N¢136,473.62 plus interest of ten per cent. per annum. The respondents entered an appearance but failed to file a defence, and on 13 October 1970, the applicants filed a summons for liberty to enter final judgment against the respondents under Order 14, r. 1 of the Supreme [High] Court (Civil Procedure) Rules, 1954 (L.N. 140A). Before the hearing of the summons, however, the respondents filed their statement of defence and counterclaim on 16 October 1970. On 20 October 1970, the respondents filed an affidavit in opposition to the applicants' summons. The summons first came before Abban J. but eventually it was heard by Hayfron-Benjamin J. who, on 23 November 1970, granted the respondents unconditional leave to defend the applicants' claim. On 27 November 1970, the applicants filed an application in the High Court for an order for special leave to appeal to the Court of Appeal against Hayfron-Benjamin J.'s ruling of 23 November 1970. On 7 December 1970, Hayfron-Benjamin J. dismissed the application, and in his ruling he said.:
[p.254]
“The rule for summary judgment under Order 14, r. 1 is a hard one (see Ludford v. Rymull, 4 T.L.R. 693) and to appeal against an order granting unconditional leave, the application must show clearly that there is no defence to the claim whatsoever, and that in granting unconditional leave to defend there was a serious breach of some fundamental principle of law of some importance. This application for special leave contains nothing but tendencious statements and ridiculous and baseless charges against the trial judge. No breach of any principle of law or justice is alleged, and I for myself have no hesitation in dismissing it with costs assessed at N¢50.00.”
The present application for special leave is a repetition of the application in the High Court before Hayfron-Benjamin J. and it has obviously been brought under rule 28 of the Supreme Court Rules, 1962 (L.I. 218). Rule 28 provides as follows:
"Subject to the provisi
