POST MASTER GENERAL & ORS. V. MR. MAC-CAJETAN AGBASI

('This matter is adjourned to 5th July 1999 for
definite hearing."
This is a further proof that the learned trial Judge
did not specifically made an order of service of
hearing notice on the appellants.
When the respondent's counsel was in court on
5-7-99, he asked for a short adjournment to serve
a motion on notice. Still the trial court granted the
application for hearing of the motion papers and
adjourned it to 22-7-99 without specific order to
issue fresh hearing notice on the appellants except
the proceedings made on 13-4-99. But not only
that a fresh hearing notice is to be served. There
must be a conclusive proof that the court's bailiff
had served the party(ies) in question. The proof of
service is the return hearing notice in which the
recipient of the hearing notice is to state the name,
rank, date, time and signature on the back of the
hearing notice. Where the counter hearing notice is
refused to be served, the court's bailiff has the duty
to swear to an affidavit that the party had refused
to accept hearing notice. All reasonable courts of
record are enjoined to rely on proofs of services of
hearing notice on parties before hearing of the
proceeding.
In the instant appeal despite so numerous
adjournments for hearing, the learned trial Judge
woefully failed to make fresh hearing notices on the
appellants; and where such order was made, the
lower court did not deem it necessary to demand
and see or look at the requisite proof of service on
the appellants. The assertion by learned counsel for
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