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…Mr Wasuna’s secondary submission is that even if there was proper service, there were sucient reasons why the ower courts should have exercised discretion in favour of the appellant.…

…He went on to hold that there was proper service. 21. Order V Rule 9 provides that wherever it is practicable service shall be made on the defendant in person, unless he has an agent empowered to accept service.…

…In our respectful view, the matter of proper service of notice in the instant case is a critical one. the failure to serve the statutory notice in accordance with section 74 (1) and (2) is fatal.…

…The court has no discretion where it appears there has been no proper service; Kanji Naran v Velji Ramji (1954) 21 EACA 20: and the power to set aside the judgment does not cease to apply because a decree has been extracted…