Facts:

The 1st and 2nd respondents as plaintiffs sued the 3rd respondent/1st defendant for money he owed the 1st plaintiff in his personal capacity for goods supplied. The appellants were joined as…on the ground that they were in possession of money due from them to the 1st defendant. Court bailiff served three writs of summons and hearing notices meant for all the defendants on the 1st defendant/3rd respondent in his office who subsequently appointed a counsel to enter appearance for the defendants. At the hearing of the originating summons brought before the court, counsel admitted the three reliefs sought against the defendants and judgment was entered in favour of the plaintiffs.

2nd and 3rd defendants filed an application to stay execution and to set aside the judgment on the following grounds that