TETUAN ASIAH & HISAM v MOHD SHAHFARIZAN BIN MOHD ARIF
3 cases cited
(0 SG, 3 foreign)
Catchwords
This appeal serves as a reminder of a well-recognised reality in civil litigation: obtaining judgment is often only half the battle. A successful judgment creditor frequently faces further challenges in enforcing the judgment against an unwilling or uncooperative judgment debtor. The enforcement process, therefore, becomes a necessary but sometimes arduous continuation of the legal journey. In the present case, the judgment creditor invoked section 4 of the Debtors Act 1957 by initiating Judgment Debtor Summons proceedings to compel satisfaction of a judgment debt. Dissatisfied with the outcome of those proceedings, the Judgment Creditor has now brought this appeal to challenge the Order made by the learned Sessions Court Judge. The primary issue for determination in this appeal is whether there exists any valid ground for this Court to intervene and vary the Order made by the learned Sessions Court Judge pursuant to the Judgment Debtor Summons proceedings.
Judges (1)
Counsel (4)
Case Significance
TETUAN ASIAH & HISAM v MOHD SHAHFARIZAN BIN MOHD ARIF is a High Court (Mahkamah Tinggi) decision dated May 21, 2025 (citation: ba-12b-89-08-2024). The case was decided by Choong Yeow Choy.
What was the outcome of TETUAN ASIAH & HISAM v MOHD SHAHFARIZAN BIN MOHD ARIF?
TETUAN ASIAH & HISAM v MOHD SHAHFARIZAN BIN MOHD ARIF is a High Court decision dated May 21, 2025. The case was heard by Choong Yeow Choy. See the full judgment for details.
Statutes Cited
Debtors Act 1957
s 4
Insolvency Act 1967 (Cap 360)
Cases Cited (3)
MY (3)
[1962] 1 MLJ 378 [1965] 1 MLJ 228 [2020] MLJU 1016
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (ba-12b-89-08-2024)