Faridz Gohim Abdullah JC:

Introduction

[1] This is my grounds in dismissing the appeal by both Appellants (Defendants in the Sessions Court), Then Fook Kiong and Then Tai Hsin (both sued as a Co-Proprietor and Guarantors) trading under the name and style of HONGHUA L.F. BUILDERS ENTERPRISE [BNR No 105153] against the decision of the learned Sessions Court Judge, a decision other than a decision made after trial (Order 55 r 5 of Rules of Court 2012).

Brief Background Fact

[2] Based on the parties' submission, the brief background of facts are as follows:

(a) On 19 August 2021, the Respondent's Writ [Enclosure No 1] and Statement of Claim [Enclosure No 2] were filed in Court under the case number KCH- A52NCvC-62/8-2021.

(b) The Respondent's Advocates issued their covering letter dated 24 August 2021 to both Appellants to serve on both Appellants vide A.R Registered Post the said Writ [Enclosure No 1] and Statement of Claim.

(c) On the 6 September 2021 around 10.59am, the Respondent's Advocates received an email from hhlf2016 @gmail.com attaching a letter dated 1 September 2021 with the letterhead of HONGHUA L.F BUILDERS ENTERPRISE referring to the Respondent's Advocates letter dated