(Enclosure 64)

Awang Armadajaya Awang Mahmud JC:

Introduction

[1] This is an appeal against the decision of the Learned Magistrate given on 28 January 2020, whereby the Learned Magistrate dismissed the application of the Appellant / Defendant to set aside a judgment in default entered by the Magistrates Court upon the application by the Respondent / Plaintiff.

[2] The Appellant / Defendant filed a Notice of Application vide encl 8 seeking for the following orders:

i. The Extension of Time for the filing of Appearance for the Defendant is granted.

ii. All execution proceedings based on and / or as a consequence of the Judgment-in-Default dated 26 July 2019 be stayed until the application to set aside the Judgment-in-Default is determined.

iii. the Judgment-in-Default dated 26 July 2019 be set aside.

iv. the Defendant be granted 14 days, from the date of the Order to set aside the Judgment-in-Default.

v. cost in the cause.

vi. other orders that the Court thinks fit and just.

[3] The Learned Magistrate dismissed the application on 28 January 2020. Hence this appeal.

[4] The cause papers are as follows:

a. Appeal Record (Enclosure 3)

b. Supplementary Appeal Record (Enclosure 4)

c. Supplementa