Case law
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Division and case type: CivilCivil Case
….… RESPONDENT RULING This is an application by the defendant in the suit that the ex-parte judgment entered against him on 25/2/88 be set aside on the grounds that he was never served with summons to enter appearance and…
…I allow the application, set aside the ex-parte judgment entered on 25/2/ 88 and the execution thereon.…
Division and case type: CivilCivil Case
…Is a court entitled to presume that service was effected and leave an ex parte judgment undisturbed even when there is stark evidence that the defendants did not have notice of the hearing.…
…Where however, as in this case, it comes to light later that the process was not delivered and there was no fault of an inexcusable nature to attach to the defendant it will be an affront to equity to have an ex parte judgment…