JUDGMENT

(The Defendant's Application To Set Aside The Plaintiff's Judgment In Default)

Ishak Bakri SCJ:

Introduction

[1] This is an application by the defendant to set aside the judgment in default obtained by the plaintiff on 9 November 2020.

[2] Having examined the application and considered the submissions by both parties, the Court made a decision to dismiss the defendant's application with costs.

[3] Dissatisfied with the decision of the Court, the defendant filed an appeal to the High Court. Followings are grounds of decision of the Court in dismissing the defendant's application with costs.

Facts Of The Case

[4] The plaintiff commenced this suit by filing its writ and statement of claim against the defendant on 16 October 2020. The writ and statement of claim was served on the defendant through registered post on 21 October 2020. The plaintiff stated that the defendant successfully received the aforesaid cause papers at its address for service on 23 October 2020.

[5] Nonetheless, the defendant failed to enter an appearance within the time limit and judgment in default was obtained by the plaintiff on 9 November 2020.

[6] The judgment in default was served on the defendant on 23 Novem