Gopal Sri Ram JCA:

[1] This is an appeal against the decision of Azmel J, delivered in the High Court at Penang, refusing an application by the appellant (the fourth defendant in the Court below) to set aside a default judgment entered against him. For convenience, I shall refer to the parties according to the title assigned to them in the Court below.

[2] This appeal was heard and dismissed on 20 November 1995. The reasons now follow.

Facts And Chronology

[3] The plaintiff (the respondent before this Court), as its name suggests, carries on the business of leasing movables. On 28 September 1983, it agreed to lease certain equipment to the first defendant (a limited company). The agreement was in writing. The other defendants guaranteed the due performance of the terms of the leasing agreement.

[4] The first defendant did not meet its obligations under the leasing agreement. So, the plaintiff took out a writ on 2 October 1985, claiming the sums due to it and other ancillary relief. Its statement of claim contained the following endorsement:

12. Wherefore the plaintiff claims against the defendants for:

(a) the said sum of RM82,954.68;

(b) interest thereon at the rate of 2% per mont