Yohana Banunaek (Pentadbir Bagi Harta Pusaka Adelina Lisao, Simati) v 1. ) Jayavartiny A/p Ramalue 2. ) AMBIKA A/P M.A. SHANMUGAM
Catchwords
Interlocutory application – the application by the 1st Defendant to set aside judgment in default of appearance obtained by the Plaintiff. Issues: - Whether the judgment in default obtained against the 1st Defendant is regular? - Whether the cause papers have been properly served on the 1st Defendant? - Was there an inordinate delay in filing this application? - Whether the 1st Defendant has shown that the defence has merits? Held: - The Court finds that, based on the facts and circumstances as well as the sequence of events, the Judgment in Default obtained in respect of the 1st Defendant is regular and cause papers were properly served on the 1st Defendant at her address. - The Court finds that the application was filed out of the 30-day prescribed time and no reasonable explanation was proffered as to this delay. - The Court finds that there are no merits in the defence of the 1st Defendant. - The Court hereby dismisses the application to set aside the judgment in default with costs.
Practice Areas
Judges (1)
Judgment
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Read on eJudgmentSource: eJudgment (pa-22ncvc-142-08-2023)