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2014 MarsdenLR 1668

HIGH COURT MALAYA KUALA LUMPUR
NUR IBRAHIM MASILAMANI & ANOR – Appellant
Versus
JOSEPH LOPEZ – Respondent


Table of Content
1. notice of application and court's decision. (Para 1 , 1 , 2)
2. background on order dated 21 march 2013. (Para 3)
3. procedural rules regarding setting aside judgments. (Para 4 , 5 , 6 , 7 , 8 , 9)
4. defendant's lack of diligence and the consequences. (Para 10 , 11 , 12 , 13 , 14)

[1] This is the defendant's notice of application ("the application") filed under O 34 r 2(4) and/or O 92 r 4 of the Rules of 2012 ("the ROC ") for the following orders:

(a) that all execution pursuant to the Order dated 21 March 2013 be stayed pending the Court making a decision in this notice of application;

(b) that the defendant be given leave to file this notice of application out of time;

(c) that an order be issued to set aside the Order dated 21 March 2013 forthwith;

(d) costs of the application be costs in the cause; and

(e) any other relief as deemed just and appropriate by this Honourable Court.

Court's Decision Given On 23 January 2014 Regarding Enclosure 88

[2] The defendant's application is dismissed with costs of RM2,500.00 to the plaintiffs.

Grounds For Decision

(1) There Was Inordinate Delay By The Defendant In Filing This Application

[3] On 21 March 2013, this Court had granted j

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