Mahadev Shankar JCA:

This appeal turns upon the proper construction of O. 32 r. 13(2) of the Rules of the High Court 1980. The issue is whether the 14-day period within which an affidavit in reply must be filed and served on the other party should be computed from the date on which the affidavit intended to be replied to was served or 14 days from the date of the service of the sealed copy of the summons-in-chambers in support of which the affidavit was sworn. There are conflicting High Court opinions on this matter.

This writ of summons and statement of claim was filed on 10 December 1995. The claim was for goods sold and delivered by the plaintiff to the first defendant. The second, third and fourth defendants were guarantors. On 26 August 1994 the plaintiff obtained a judgment in default of appearance against the first and the second defendants. The judgment was then extracted and on 9 November 1994 the plaintiff served the default judgment on the first and second defendants.

On 22 December 1994 the first and second defendants filed a summons-inchambers to set aside the default judgment. Together with the summons the first and second defendants filed an affidavit in s