The following judgments were delivered :-
GARDINER-SMITH, J.
This is an appeal from the judgment of Deane, C.J. dated December, 1930, dismissing a motion by the appellant for an order to set aside the proceedings hereunder and the judgment given herein on the 29th day of March, 1930, on the ground of irregularity, and for such further order as the Court may deem fit.
The facts are as follows:-
On a date between 11th and 13th September 1929, the respondent applied for a writ of Summons against the appellant. The application was supported by an affidavit filed on 11th September 1929 in these terms :-
THE SUPREME COURT OF THE GOLD COAST COLONY
EASTERN PROVINCE.
BEFORE DIVISIONAL COURT, ACCRA.
Between
EMMA C. BRUCE Plaintiff
AND
TOM BOEVEY BARRETT OF ACCRA, NOW RESIDING AT 5:J, GARTMOOR GARDENS, LONDON, ENGLAND ... Defendant .
•• I Emma Ghristiana Bruce of Accra, Trader, make oath and say as follows ;-
•• 1. I know and I am well acquainted with Tom 'Boovey Barrett, who was resident in this Colony in the year 1923, but to the best of my knowledge and belief is now in London, England .
• 2. That Tom Boevey Barrett is justly and truly indebted to me in the sum of Three hundred and sixty eight pounds sixteen shillings and three pence (£368 16s. 3d.) for and on account of money lent to him By me at his request, in terms of his 1.0. U. dated the 5th December, 1923 .
•• 3. I am informed by Mr. T. J. Whitaker, my Solicitor and Counsel, and verily believe that he has caused a written demand to be made on the said Tom Boevey Barrett through the post for the payment of the said sum of Three hundred and sixty eight pounds sixteen shillings and three pence (£368 16s. 3d.) but he has faied to pay the same or any portion of it.
•• 4. My claim against the said Tom Boevey Barrett apparently a debt or liquidated money demand, and to my belief tl1ere is no defence to it on the merits .
•• 5. I make this affidavit in support of application for this suit to be placed on the Undefended List for hearing and determination
, . Sworn at Victoriaborg, Accra,
this 22nd August 1929
Before me,
(Sgd.) SAMUEL BANNERMAN
Commissioner far Oaths."
The writ was issued on 13th September 1929 in this form No. 264. No. 30. Writ of Summons Suit No. 264/1929.
IN THE SUPREME COURT OF THE GOLD COAST COLONY UNDEFENDED LIST.
(Sgd.) R. E. HALL Ag.G.].
Eastern Province.
Divisional Court holden at Victoriaborg, Accra
Between
EMMA C. BRUCE .......... . Plaintiff
AND
TOM BOEVEY
