16 Nov 1990
HUA LING EDINGER v. LYNN WARD EDINGER
- Citation
- HUA LING EDINGER v. LYNN WARD EDINGER
- Court
- Court of Appeal
- Case number
- CACV100/1990
Court of Appeal held the trial judge misapplied his discretion under rule 55 by rejecting unchallenged sworn evidence that notice of the hearing had not been received, failing to take into account the potential prejudice to the husband's ability to contest conduct allegations relevant to ancillary relief under s.7(1) Cap.192, and thereby producing a miscarriage of justice; appeal allowed and decree nisi and attendant orders set aside to permit the husband to defend the petition.