Out of time

Following up on the matter in Gua Musang Sesions Court. The Defendants' Solicitors filed an appeal against the decision of the Judge who dismissed their application to set aside the Default Judgment.

The Notice of Appeal was forwarded the Court for filing within time but the Court engrossed the Notice on 03/02/2018. Hence the appeal became 3 days out of time. What surprised me is that todate, I am still to receive the Appeal record, which is now way beyond time.

I have filed an application to strike out the Appeal on grounds of delay and failure to file the Appeal record within the time. The Court has fixed 13/02/2018 for case management which is also the date fixed for management of the Appeal proper.

Todate no application for extension or abridgment of time has been filed by the Appellant.