MUHAMAD SAMSUL NIZAM BIN SOHHIMI v NINJA LOGISTICS SDN. BHD.

ka-12ancvc-1-08-2024 High Court (Mahkamah Tinggi) 30 July 2025 • KA-12ANCvC-1-08/2024 • 21 min read
8 cases cited (0 SG, 8 foreign)

Catchwords

CIVIL PROCEDURE: Summary disposal — Disposal of case on point of law — Rules of Court 2012, Order 14A — High threshold for summary determination — Whether material facts were in dispute — Discrepancies between quantum in Statement of Claim and exhibited invoices — Foundational contract suffering from mutual lack of signatures — Whether issues of fact were interwoven with legal issues — Whether case suitable for summary determination without full trial and viva voce evidence. CIVIL PROCEDURE: Evidence — Affidavit evidence — Glaring discrepancies in quantum and unaddressed contract irregularities in cause papers — Attempt by counsel to explain and clarify factual discrepancies orally during hearing — Whether submissions from the bar table can substitute or supplement sworn affidavit evidence — Whether factual clarifications must come directly from client through witness testimony. EVIDENCE / REVENUE LAW: Documentary evidence — Admissibility — Unstamped contract — Stamp Act 1949, ss. 52(1) & 53 — Whether lack of stamping renders agreement void — Curable irregularity — Duty of court upon encountering unstamped document central to dispute — Expedited stamping and payment of penalty prior to delivery of decision — Whether subsequent stamping cured issue of inadmissibility. UNINCORPORATED ASSOCIATIONS / PARTNERSHIP: Liability — Sole proprietor and partner — Lack of separate legal entity — Personal liability of registered owner/partner for enterprise debts — Judicial admission of status as registered owner in Companies Commission of Malaysia (SSM) under Evidence Act 1950, s. 58 — Whether admission of business registration equates to unequivocal admission of actual liability for a specifically disputed debt. CONTRACT / PARTNERSHIP: Liability — Joint and several liability — ‘Double recovery’ argument — Judgment in Default (JID) already obtained against co-partner (Second Defendant) — Whether entering judgment against Appellant for the same debt amounts to double recovery — Partners jointly and severally liable for partnership debts — Whether judgment against one partner precludes judgment against another.

Judges (1)

John Lee Kien How @ Mohammad Johan Lee Delivered

Counsel (6)

M. S. Nizam & Co Firm Xavier & Koh Partnership Firm Afiq Iskandar Counsel Respondent Goay Kah Kah Counsel Respondent Kenneth Koh Counsel Respondent Muhammad Irham bin Rizwan Arif Counsel Appellant

Parties (2)

NINJA LOGISTICS Sdn Bhd Respondent Muhamad Samsul Nizam bin Sohhimi Appellant

Statutes Cited

Evidence Act 1950 (Cap 56)
Rules of Court 2012
Stamp Act 1949 (Cap 378)

Cases Cited (8)

MY (8)
[1982] 1 MLJ 198 [2003] 4 CLJ 337 [2007] 6 CLJ 741 [2012] 1 CLJ 49 [2014] 7 CLJ 597 [2017] 5 CLJ 389 [2021] 2 MLJ 234 [2021] 5 MLJ 253

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (ka-12ancvc-1-08-2024)