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2024 MarsdenLR 2863

HIGH COURT MALAYA KUALA LUMPUR
SALEHUDDIN SHAMSUDDIN – Appellant
Versus
KERAJAAN MALAYSIA – Respondent


JUDGMENT

Mohd Arief Emran Arifin J:

A. Introduction

[1] There are 3 applications that was heard by this Court on 5 November 2024. They are:-

(1) Enclosure 3 - The Appellant's application for an extension of time to file the Record of Appeal.

(2) Enclosure 9 - The Respondent's application to strike out the notice of appeal.

(3) Enclosure 14 - The Appellant's application for stay of proceedings in Sessions Court pending the outcome of this appeal.

B. Merits Of The Applications And Merits Of The Appeal

Striking Out Of Notice Of Appeal And Merits Of The Appeal

[2] The Appellant had filed a notice of appeal against the decision of the Sessions Court Judge allowing summary judgment against him on 12 June 2024.

[3] The Appellant's notice of appeal was filed on 21 June 2024. It is trite law that the Record of Appeal concerning an appeal from the Sessions Court to the High Court must be filed within one month from the date of filing of the notice of appeal. This is provided under O 55 of the Rules of 2012.

[4] In this case, the Appellant did not comply with the said requirement. He was repeatedly informed by the Court during case management on 31 July 2024. He had failed to comply with th


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