[2001]DLHC7079October 18, 2001High Court

ADEL DAKMARK (PLAINTIFF) vs. DANIEL OFORI ATTAH (DEFENDANT)

The applicant is seeking to set a side the attachment of Concrete House/Citizens Court Tudu in execution of a consent judgment of the Court dated 14th June 2000. In an earlier ruling of this court, I took the position that a primary issue that needed to be determined for the grant or refuse of this application was whether the Court order of substituted service was adhered to before the execution process was mounted on the defendant. Did the bailiff effect service as directed by the Court? Mr. Lamptey, the bailiff was called to testify. Lets first look at the processes filed. The Court's order was that the motion for leave to levy execution of the consent judgment should be served by substitution by posting on House No. 180 Borstal Avenue Ridge. When the defendant filed a search at the Court registry on the 8th of March 2001 asking whether there has been proof of service by substitution of the motion for leave by posting on House No. 180 Borstal Avenue Roman Ridge the response was no. B...