TUAN V.C.GEORGE
BANK BUMIPUTRA MALAYSIA BERHAD – Appellant
Versus
HAJI AHMED BIN ABDUL RAHMAN – Respondent
V.C. George J:
The writ was caused to be issued on 17 July 1986. Personal service of it was effected on the defendant at No.14, Lorong Batai Barat, Damansara Heights, Kuala Lumpur on 26 August 1986. He had 8 days inclusive of 26 August 1986 to enter an appearance. Solicitors on his behalf purported to enter an appearance only on 10 September 1986 which was one day after judgment in default of appearance had been entered.
As the claim was for a liquidated amount, the plaintiff 's solicitors having waited for a week from the 8 days given to the defendant to enter an appearance, on 9 September 1986 entered default judgment.
The claim was for the balance said to be due on an overdraft facility under account 190915 that had been granted by the plaintiff bank to the defendant inclusive of accrued interest calculated up to 1 July 1982 and for further interest on the said balance at 15.25% per annum on monthly rests from 1 July 1986 until realisation. Default judgment was entered in the terms of the claim. RM225 fixed costs was awarded.
Whether the defendant's solicitors had purported to give notice of appearance on the plaintiff's solicitors is not known. However, on 24 Novemb
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