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COURT OF APPEAL KUALA LUMPUR
SOH KENG HIAN – Appellant
Versus
AMERICAN INTERNATIONAL ASSURANCE CO LTD – Respondent
[1] There are two motions in this appeal. The first is an application dated 13 December 1994, by the respondent to strike out the appeal for want of service of the notice of appeal on it: the second is dated 13 January 1995, and was taken out by the appellant for extension of time to serve the notice of appeal on the respondent.
[2] The relevant chronology is not in dispute. The High Court at Muar delivered its decision in the suit between the parties on 3 September 1994. The appellant was dissatisfied with the decision. He wished to challenge the decision of the High Court. So, on 1 October 1994, he filed an appeal in the Registry of the High Court. That was within the time limited by the Rules of the Court of Appeal, 1994. But he overlooked serving it on the respondent. The last date for doing this was 4 October 1994, and not 3 October 1994, as contended by the respondent in its affidavit. See, Setali Development Sdn Bhd v. Lim You Keng, [1984] 1 MLJ 26; [1983] CLJ 359.
[3] On 10 October 1995, the respondent received a copy of a letter from the appellant's solicitors addressed to the Deputy Registrar of the High Court at Muar enclosing the requisite numb
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