Shaik Daud Ismail JCA (majority):

[1] This was an appeal from the decision of the Ipoh High Court whereby the learned judge entered judgment in favour of the respondents. The respondents had filed a writ of summons against the appellants for vacant possession of property known as HS (D) 3761 Lot 16185 and consequential orders. The claim arose from a sale and purchase agreement executed on 15 September 1992 between the respondents and the appellants.

[2] The appellants had filed a notice of motion dated 13 March 2001 for an order that they be granted an extention of time to file supplementary records of appeal, to include evidence which was left out, ie the evidence of the first respondent.

[3] Learned counsel for the respondent objected to the notice of motion on the ground that there was undue delay in applying for the extention and that no explanation was given whatsoever for the delay.

[4] On going through the records of the motion, I find that the learned judge of the High Court gave his decision on 14 August 2000. Notice of appeal was filed on 7 September 2000, and the appeal records were filed and served on 1 December 2000. There was therefore, a delay of some three month