DATO' SIA AH GUAN v 1. ) KEK LYE KHENG 2. ) WINSON KEK CHUN SEAN 3. ) WINNIE KEK JIA YING

ba-23ncvc-42-07-2025 High Court (Mahkamah Tinggi) 2 December 2025 • BA-23NCvC-42-07/2025 • 8 min read

8 cases cited (0 SG, 8 foreign)

Catchwords

INTERLOCUTORY APPLICATION: An application by the second and third defendant to strike out the plaintiff's claim – The plaintiff seeks an order from this Court for the return of RM1 million, together with general and exemplary damages, interest, and costs - The plaintiff entered into a contract with Aramasa Kontrak Sdn Bhd (AKSB) on 18.7.2023 for a period of six months until 17.1.2024 and paid the sum of RM1 million cash to the first defendant on behalf of AKSB – The second defendant is the son of the first defendant and employed by AKSB – AKSB paid only five dividend payments to the plaintiff – The first defendant as guarantor executed a Debt Settlement Agreement with the plaintiff promising repayment of the plaintiff's investment sum of RM1 million within three years – The plaintiff pleaded insufficient particulars of fraud against the second and third defendants – Whether the plaintiff has a valid cause of action against the second and third defendants – Order 18 Rule 19(1)(a) and/or (b) and/or (c) and/or (d) of the Rules of Court 2012.

Judges (1)

Hazizah binti Kassim Delivered

Counsel (6)

Keppy Wong & Associates Firm Nandrajog Firm Choong Jing Yen Counsel Plaintiff Dinesh Nandrajog Counsel Defendant Keppy Wong Khai Pun Counsel Plaintiff Khairul Bariah bt Kharuddin Counsel Defendant

Parties (4)

Dato' Sia Ah Guan Plaintiff Kek Lye Kheng Defendant Winnie Kek Jia Ying Defendant Winson Kek Chun Sean Defendant

Statutes Cited

Contracts Act 1950 (Cap 136)

Rules of Court 2012

Cases Cited (8)

UK (1)

[1899] 1 QB 86

MY (7)

[1968] 1 MLJ 170 [1992] 2 MLJ 86 [1993] 4 CLJ 7 [1998] 1 MLJ 393 [2010] CLJ 703 [2015] 1 MLJ 284 [2017] 3 CLJ 569

Judgment

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Read on eJudgment

Source: eJudgment (ba-23ncvc-42-07-2025)