HIGH COURT MALAYA KUALA LUMPUR
DATO SETIA DR HAJI MOHD NAIM HAJI MOKHTAR – Appellant
Versus
WAN MUHAMMAD AZRI WAN DERIS – Respondent
JUDGMENT
[Enclosure 27]
Introduction
[1] This Judgment deals with an issue which I find some lawyers are not familiar with.
[2] The issue is what is the next step a plaintiff should take if a defendant fails to enter an appearance. Should he enter Judgment in default of appearance to Writ or apply for leave to enter Judgment in default of appearance to Writ or proceed with the action as if the defendant had entered an appearance?
Court Proceedings
[3] The plaintiff is the Minister in the Prime Minister's Department for Religious Affairs.
[4] He filed a defamation suit against the defendant who according to the plaintiff goes by the monikers "Sir Azri" and "Papagomo". In the writ, the plaintiff prayed for injunctions, general damages, exemplary damages, aggravated damages and punitive damages, interest and costs.
[5] The defendant failed to enter an appearance. Hence, the plaintiff filed an application before me in encl 27 for leave to file and/or enter Judgment in default of appearance to Writ.
Issue
[6] What is the next step a plaintiff should take if a defendant fails to enter an appearance. Should he enter Judgment in default of appearance to Writ or apply for leave to e
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