The High Court dismissed an application for setting aside
the ex parte judgment on the ground that the Appellant had been duly
served with a summons for hearing of the suit before the court proceeded ex-parte
against the Appellant. It was argued on appeal that the High Court was wrong in
holding that the Appellant had been served with a summons for hearing of the
suit before the court proceeded ex-parte against the Appellant and that
it was not the duty of the Appellant to call the court process server who had
allegedly served the disputed summons.