The Brief Facts

[1] A judgment in default was recorded against Mohd Adnan Adrian Paul Holden Abdullah, ("the respondent") who was the defendant in the Sessions Court on 10 January 2012. The respondent filed by notice, an application to set aside the said judgment in default on 24 December 2012 citing two reasons:

a. that the summons and statement of claim had never been served to the respondent/defendant; and

b. that the judgment was irregular.

[2] The Sessions Court Judge heard and dismissed the respondent's application. The respondent appealed to the High Court. The appeal was allowed with costs and the judgment in default was set aside.

[3] The appellant, who was the plaintiff in the Sessions Court and respondent in the High Court, appealed to this Court.

The Defences

[4] The respondent's defence on merits provided in the notice were as follows:

1. the respondent had not received the summons and statement of clai