1. ) NORHUDA BINTI MOHAMAD NOH 2. ) YANTI BINTI RAHMAN v ALPINE PEERS (M) SDN BHD

ba-12b-15-03-2025 High Court (Mahkamah Tinggi) 4 February 2026 • BA-12B-15-03/2025 • 26 min read

6 cases cited (0 SG, 6 foreign)

Catchwords

This is the Appellants’ appeal against the decision of the learned Sessions Court Judge (SCJ) dated 24.2.2025. The Appellants have now appealed to the Court of Appeal against the whole of that decision. The Appellants failed to establish any appealable error in the SCJ’s dismissal of the suit. The SCJ was entitled to find that the alleged payment of RM980,000.00 was not proved. The challenge based on section 114(g) fails. The complaint that all issues were not separately addressed does not alter the result. The issue of res judicata, even if arguable in isolation, does not affect the outcome because the suit failed independently on the merits for want of proof. The appeal is dismissed with costs.

Judges (1)

Noor Hayati binti Haji Mat Delivered

Counsel (5)

Kanesalingam & Co Firm T. Y. The & Partners Firm Asma Badrul Azmi Counsel Respondent Kee Hui Yee Counsel Respondent Lim Jin Wen Counsel Appellant

Parties (3)

ALPINE PEERS Sdn Bhd Respondent Norhuda binti Mohamad Noh Appellant Yanti binti Rahman Appellant

Statutes Cited

Evidence Act

s 114(g)

Evidence Act 1950 (Cap 56)

Cases Cited (6)

MY (6)

[1995] 3 MLJ 189 [2006] 3 MLJ 1 [2013] 3 MLJ 773 [2014] 4 MLJ 428 [2016] 3 MLJ 122 [2017] 4 MLJ 697

Judgment

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Source: eJudgment (ba-12b-15-03-2025)