24 Oct 2024
WONG YIK KENN 1. ) JIT KAUR A/P SARMUK SINGH 2. ) MOHD TAMIMI BIN MA'AT 3. ) NOR MAZLINA BINTI MAT NORWANI 4. ) ALI BIN OTHMAN
- Citation
- BA-12A-35-08/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-12A-35-08/2023 (Mahkamah Tinggi)
The High Court held that the plaintiff failed to prove valid service under Order 10 r 1(1) because the A.R. registered card showing receipt by the defendant was not exhibited; consequently the interlocutory default judgment was irregular and was to be set aside ex debito justitiae; the appellants demonstrated meritorious defences warranting setting aside of the final judgment dated 31 March 2011; the Sessions Court's dismissal of applications to set aside the default judgment was therefore set aside and the judgment of 31 March 2011 was set aside.