Abdul Malik Ishak J:

[1] From the Court file, the following details were pieced together. On 24 December 1994, the plaintiff filed their writ enclosing therein the statement of claim (encl 2) wherein the plaintiff sought vacant possession of a portion of a piece of land held under Grant No: 26977, Lot No: 4271, Bandar Baru, Johor Bahru ('the said land') which was occupied by the defendant together with general damages, interest and costs. An affidavit of service in encl 4 showed that the writ and the statement of claim had been duly posted to the defendant by way of an A r registered letter on 23 January 1995. A memorandum of appearance in encl 6 dated 18 January 1995 was filed by T/n Yacob & Rakan-Rakan for the defendant. On 21 March 1995, M/s Leng & Co for the plaintiff filed a "perakuan segera" in encl 8 to expedite the hearing of a summons-in-chambers that was filed on the same day as reflected in encl 10 and, briefly, that summons-in-chambers sought summary judgment under O 14 of the Rules of the High , 1980 ('RHC') for vacant possession of the said land together with general damages, interest and costs. Enclosure 10 was supported by an affidavit of Wong Chan Thong affi