BENIN J.
The plaintiff-judgment creditor-respondent (hereinafter called the plaintiff) took an action on 23 August 1984 against the defendant-judgment debtor-applicant (hereinafter called the defendant) claiming the following reliefs:
“(i) restitution of a herd of 30 cattle or the recovery of ¢600,000 for the conversion of same;
(ii) in the alternative the enforcement of an arbitration award made by the Nayiri in or about December 1983 in which it was declared that the plaintiff be entitled to recover from the defendant a herd of 30 cattle; and
(iii) damages for malicious prosecution.”
The writ and the accompanying statement of claim were served on the defendant personally on 29 October 1984 per the address provided on the writ by the plaintiff. That same day the defendant entered an appearance per his solicitor, and later filed a statement of defence in which he completely denied and rejected the plaintiff’s claims. Issues were then joined at the summons for directions and the case was …