DAKE v. DORWU PRACTICE NOTE

The case concerns the interpretation of Order 44, r. 2 of the Supreme [High] Court (Civil Procedure) Rules, 1954 (L.N. 140A). The main question was whether an applicant, after obtaining leave to issue a writ of attachment, is required to serve all papers filed in the application on the respondents. Judge Francios referred to the old White Book (Annual Practice) for guidance, as the current White Book had undergone changes not reflected in their civil procedure. Based on the 1961 edition of the White Book, which states that copies of affidavits and exhibits must be served with the notice of motion in applications for attachment, the judge ruled that this has been the practice in their courts. Consequently, the judge decided that the applicant must comply with this practice and serve all relevant papers on the respondents.