Ali mohamed Haji Suleman Body Builders Ltd v Jivraj & another
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…