HIGH COURT MALAYA PULAU PINANG
YOHANA BANUNAE – Appellant
Versus
JAYAVARTINY RAMALUE & ANOR – Respondent
| Table of Content |
|---|
| 1. procedural aspects of entry of judgment (Para 1 , 2 , 3) |
| 2. factual background and service of pleadings (Para 6 , 7 , 8 , 18) |
| 3. arguments against the application to set aside (Para 30 , 31) |
| 4. analysis of delay and procedural validity (Para 32 , 35 , 62 , 70) |
| 5. merit of defence and aggravated damages (Para 77 , 82) |
Introduction
[1] Once proceedings are commenced and the cause papers are served, if and when a Defendant fails to enter an appearance, the Plaintiff will normally enter Judgment in Default of Appearance. In those circumstances, it is common for such Defendant to then attempt to set aside the said judgment in default.
[2] This judgment deals with such an application filed by the 1st Defendant herein vide encl 42 to set aside a judgment in default entered/obtained by the Plaintiff on 30 November 2023 due to the Defendants' failure to enter an appearance in this suit.
[3] The 1st Defendant in the application in Enclosure 42 herein sought the following reliefs:
a. that the 1st Defendant be given leave to make this application;
b. that an extension of time be given to the 1st Defendant if needed;
c. that the Certificate of Non-Appearance i
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