Mrs Jones lends her daughter Susan (who lives alone) a television set whilst her
daughter’s television is being repaired. During this time the deputy-sheriff executes a
warrant of execution, following default judgment being taken against the daughter for
an allegedly unpaid hospital bill. The deputy-sheriff proceeds to attach and remove
Mrs Jones’ television set along with other goods belonging to her daughter.
1.2 Assume that Mrs Jones succeeds in having her television set released from the
attachment. Her daughter now wishes to have the judgment set aside after finding out
that the summons was served by affixing it to the front door of her house, and that in
fact the summons related to the debt of another Susan Jones. Service of the summons
in this manner was during the period that the daughter was in the hospital, and she
denies ever having seen it. Set out what the daughter needs to prove and the
procedure to be followed in attempting to have the judgment set aside. (15)
In answering question 1.2 above, discuss the general principles (including the requirements and test)
as set out in relevant case law and procedure with reference to the applicable High Court Rules. (You
are restricted to 3 (three) A4 (one-sided) typed pages for this answer.)