JUDGMENT

(Enclosure 16: Setting Aside JID)

Hayatul Akmal Abdul Aziz J:

Introduction

[1] The defendant:

[1.1] Filed encl 16 under O 3 r 5(1)(2) and O 13 Rules of 2012 (RC 2012), seeking leave to file the present application out of time and to set aside the judgment-in-default (JID) dated 22 January 2022 against her:

(1) On 23 April 2024, after considering the pleadings and respective arguments of parties, I find there is no merits in encl 16 and dismissed it accordingly.

(2) The plaintiff was awarded costs of RM3,000.00 payable by the defendant within thirty (30) days from the date of the order.

[1.2] Aggrieved, the defendant appealed, and my reasons are as follows:

Brief Facts

Familial Dispute Over Asset

[2] The plaintiff filed this Writ and Statement of Claim (SoC) on 3 September 2019 concerning claims and disputes about a Deed of Assignment (23 September 2008) over a piece of property in the estate of Hassan Bin Ahmad (the deceased) known as Lot G1, Pertama Kompleks, Jalan Tuanku Abdul Rahman, 50100, Kuala Lumpur:

Service And JID

[2.1] On 28 September 2019:

(1) The plaintiff's solicitors then (through a freelance dispatch) personally served the Writ and the SoC at the defendant's address at N