This was an appeal to the Judge in Chambers in enclosure 17 against the decision of the Senior Assistant Registrar ("SAR") who had on March 22, 1996 dismissed the defendants' application in enclosure 8 to strike out [2] the plaintiff's writ indorsed with the Statement of Claim in enclosure 2. The defendants relied solely on Order 18, rule 19 (1)(a) of the Rules of the High Court, 1980 ("RHC") to advance their application in enclosure 8 and for convenience that rule is reproduced hereinunder:

"19 (1) The Court may at any stage of the proceedings order to be struck out or amended any pleading or the indorsement, of any writ in the action, or anything in any pleading or in the indorsement, on the ground that -

(a) it discloses no reasonable cause of action or defence, as the case may be; or"

The defendants did not file a supporting affidavit to back up their application in enclosure 8. The plaintiff filed two affidavits to challenge enclosure 8. One was in enclosure 10 that was affirmed on June 9, 1995 and filed on June 15, 1995. The other was in enclosure 15 that was affirmed on February 6, 1996 and filed on February 9, 1996. The issue that arose was whether in an