AL SAKB CAPITAL BERHAD v 1. ) RAHMAN BROTHERS AUTOMOTIVE SDN. BHD. 2. ) RABIATUL ADAWIYAH BTE ABDUL RAHMAN
wa-22m-1624-10-2023 High Court (Mahkamah Tinggi) 24 November 2025 • WA-22M-1624-10/2023 • 13 min read
2 cases cited
(0 SG, 2 foreign)
Catchwords
Contract – Musharakah agreement – Nature and proof of claim – Plaintiff suing for breach – Whether claim proven on balance of probabilities – Plaintiff founding case on agreement – Obligation to abide by all material terms – Loss-sharing as defining characteristic of musharakah – Plaintiff claiming fixed returns without accounting for venture losses – Failure to discharge legal burden of proof – Claim dismissed. Contract – Prematurity of action – Settlement and extension of time – Binding variation – Acceleration clause – Whether action maintainable when filed before extended due date – Plaintiff invoking general acceleration clause for “any breach” – Clause 2.7 of extension letter – Whether triggered by mere non-payment before maturity date – Principle that acceleration clause requires breach of substantive obligation – No breach of covenant alleged prior to suit – Action held premature and struck out. Illegality – Moneylending – Sham transaction – Allegation that musharakah agreement a disguise for unlicensed moneylending – Defence of illegality – Whether agreement void ab initio – Burden of proof – Factors considered: fixed periodic payments, informal references to “loan”, absence of licence – Whether sufficient to displace written terms of formal agreement – Court finding illegality not proven – Observation that claim disposed of on prematurity and failure of proof – Unnecessary to make conclusive finding on illegality.
Practice Areas
Judges (1)
Counsel (6)
Case Significance
AL SAKB CAPITAL BERHAD v 1. ) RAHMAN BROTHERS AUTOMOTIVE SDN. BHD. 2. ) RABIA... is a High Court (Mahkamah Tinggi) decision dated November 24, 2025 (citation: wa-22m-1624-10-2023). The case was decided by Yusrin Faidz bin Yusoff.
What was the outcome of AL SAKB CAPITAL BERHAD v 1. ) RAHMAN BROTHERS AUTOMOTIVE SDN. BHD. 2. ) RABIA...?
AL SAKB CAPITAL BERHAD v 1. ) RAHMAN BROTHERS AUTOMOTIVE SDN. BHD. 2. ) RABIA... is a High Court decision dated November 24, 2025. The case was heard by Yusrin Faidz bin Yusoff. See the full judgment for details.
Statutes Cited
Contracts Act 1950 (Cap 136)
Cases Cited (2)
MY (2)
[2020] 6 MLJ 755 [2023] 10 CLJ 187
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (wa-22m-1624-10-2023)