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2025 MarsdenLR 4286

SESSION COURT LANGKAWI
RAJADEVAN VAMADEVAN – Appellant
Versus
MOHD NIZAM SAIDON & ANOR (ENCLS 10 17 20 & 26) – Respondent


Petitioner Advocates:Fathin Delila Hamdan ,Respondent Advocate: Aida Ghane

JUDGMENT

Allan Suman Pillai SCJ:

Introduction

[1] This judgment pertains to the Notice of Appeal (refer to encl 26) filed by the Defendant's counsel. The appeal challenges the decision rendered by the Langkawi Sessions Court on 27 February 2025, which dismissed the Defendant's application in encl 17 on the grounds that the counsels in the firm representing the Defendants were not licensed advocate and solicitor at the time of the hearing.

[2] The Defendant previously filed encl 10, seeking to set aside the default judgment. On 5 February 2025, this Court dismissed the Defendant's application. Subsequently, the Defendant filed a notice of appeal (Enclosure 20). It is evident that encl 20 must first be resolved in the High Court .

[3] The current application (Enclosure 26), as outlined in encl 17, is essentially the same as the previous one.

[4] The Defendant initially submitted encl 10 to set aside the default judgment. On 5 February 2025, the Court dimissed this application. Following this, the Defendant filed a notice of appeal (Enclosure 20), which must be addressed by the High Court before proceeding further.

[5] Currently, the Defendant has filed encl 26, which mirrors the pr


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