Azizan Md Arshad J:

GROUNDS OF JUDGMENT

(ENCLOSURE 36 - APPEAL TO JUDGE IN CHAMBERS)

INTRODUCTION

[1]On 03.04.2024, the Garnishee (Respondent) filed an application (Enclosure 7) to strike out the Appelant’s (Plaintiff) Notice of Application (Ex- Parte) dated 23.02.2024 and to set aside the Order to Show Cause dated 06.03.2024 on the ground that the application (Enclosure 1) is res judicata.

[2]Not satisfied with the decision, an appeal was filed to the High Court.

This Court on 26th of June 2025 has affirmed the decision of the Learned Deputy Registrar (DR) and dismissed the appeal with costs.

[3]The Plaintiff has once again filed an appeal on 23rd of July 2025, to the Court of Appeal (COA) against the decision of this Court. Parties are refered to as they were in High Court.

BACKGROUND FACTS

[4]The involved parties have depended on the case facts, and the Court has acknowledged the undisputed facts, reiterating the same details that were presented and referenced according to the Grounds of Judgment prepared by the Learned DR dated 27.09.2024.

(i) Main Judgment- 22-413-2010

[5]In this case the Plaintiff/Judgment Creditor (JC) has made a claim against the Defendants based on a contract dated 0