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Godfred Dame, Counsel for Ex-Foreign affairs Minister, Akwasi Osei Adjei, who is standing trial for stealing, who is seeking to cite the Editor of The Enquirer Newspaper for contempt, yesterday beat a quick retreat and applied to the court to rather serve the process on the Editor by substituted service. A court bailiff, who asked to serve the process to the Editor went to the office and threw the process on the floor before a receptionist of the company drawing a sharp move by counsel of The Enquirer, Tony Lithur, to file a motion to set the service aside. Even before the motion could be heard, Mr Dame, who is fond of filing contempt proceedings against people including his own colleagues, beat a retreat and asked the court to be allowed to serve the Enquirer�s Editor by substitution even though the Enquirer�s office is known. �Archer�s Affidavit: In an affidavit sworn by Mr Raymond Archer the Enquirer Editor stated as follows� �1. I am the Editor-in-chief of the Enquirer on Thursday December 10, 2009, my attention was drawn to a publication in the Daily Guide and on the internet to the effect that I had evaded service of a court process. I contacted my office to find out what had happened, and was informed that a court process had been left on the premises by a court bailiff in circumstances, which are narrated in an affidavit deposed to by my receptionist, Felicia Agyeiwaa, which I attach to this my affidavit, marked as Exhibit �FA�. 2. I then called the office and instructed that the process be delivered to the Solicitors of the �Enquirer�. I am yet to physically see the actual contents of the court process. Our Solicitor has however briefed me on the contents and has advised me accordingly as follows: (a) That the present application, being an originating process, ought to have been served on the Respondents personally, and with regard to the Respondent, on a responsible officer. (b) That in the nature of the application itself, the reliefs sought by the Applicant and the possible consequences of a finding of guilt, personal service of the originating process is not only desirable but essential. (c ) That service of the court process on Felicia Agyeiwaa is wrongful and does not constitute proper service on the Respondents. 3. I do have a defence to the application, and should I be served properly, I intend to fight the application vigorously.� Affidavit Enquirer Reception Narrating what went on the day a bailiff chose to throw the court processes on the premises of the Enquirer and run, Felicia Agyeiwaa, the company�s reception also swore the following affidavit� �I, FELICIA AGYEIWAA of House Number 16A, Sixth Street, Tesano, Accra, make oath and say as follows: 1. That I am a receptionist working with the �Enquirer� newspaper, and deponent hereto. 2. That on Wednesday December 9, 2009, I was at the reception at the offices of the Enquirer when two gentlemen walked in. One of them introduced himself as a court bailiff and attempted to serve a court process on me. I explained to him that Mr Raymond Archer was not in the office and that I was not a company secretary, but a receptionist, and therefore could not accept service on his behalf. I further explained to him that Mr Archer never gave out his itinerary and sometimes would switch his phone off intermittently for days, and that I was unable to tell when he would return to the office. I advised him to return another time in the hope that he might have come from wherever he had gone. 3. Upon hearing this, the other gentleman, who must have been a clerk at the Chambers of the Applicant�s lawyers, surprisingly called up someone, and after speaking to him, handed over his phone to me. A gentleman spoke to me on the other side of the phone, threatening that if I did not accept service of the process, I would be cited for contempt. I refused, whereupon the bailiff threw the process on the floor and the two gentlemen left together. 4. I tried unsuccessfully to get in touch with Mr Archer after that. The next day, he called the office and after narrating to him what had happened, he instructed that the court process left behind be delivered to his lawyers.� Motion On Notice To Set Aside Service In a motion to set aside the earlier service, Tony Lithur, Counsel for and on behalf of the Respondents/Applicants prayed the court to move the Honourable Court for an order setting aside service of the present application upon the grounds contained in the supporting affidavit and for any such further order or orders as the Honourable Court may deem fit.