14 Apr 2026
KHAIRUL HISHAM BIN KHASHIM 1. ) DATUK BANDAR KUALA LUMPUR 2. ) Dewan Bandaraya Kuala Lumpur (DBKL)
- Citation
- WA-B53-14-05/2024 (Mahkamah Sesyen)
- Court
- Sessions Court
- Case number
- WA-B53-14-05/2024 (Mahkamah Sesyen)
The court allowed the Lampiran 39 application and set aside the default judgment because defendants demonstrated that their counsel's non-attendance was caused by chronic, incapacitating depression constituting an extraordinary circumstance/flagrant incompetency; defendants also disclosed a prima facie meritorious defence (contributory negligence); accordingly, under Order 35 the judgment obtained in absence was properly set aside to prevent miscarriage of justice.