RAJA ZAINAL ABIDIN BIN RAJA HUSSIN v MOHD HANAFIAH ABDUL JALIL

wa-22ncvc-447-07-2024 High Court (Mahkamah Tinggi) 21 January 2025 • WA-22NCvC-447-07/2024 • 6 min read

Catchwords

Deed of Acknowledgment of Debt – Allegation of duress in signing the deed – No police report lodged by the Defendant alleging duress to sign a deed – No counterclaim filed by the Defendant to invalidate the Deed – Duress not even pleaded in the Defence –The Defendant’s allegation of duress is an afterthought – Sham Defence – Plaintiff entitled to summary judgment – Deed specifies two instalments for payment – Second instalment not payable yet – Defendant already in breach of Deed – Summary judgment for full debt justified with payment by way of two instalments – Higher costs to be awarded for case of wilful default by the Defendant – Interest on costs payable pursuant to Order 59 rule 24 Rules of Court 2012

Judges (1)

Gan Techiong Delivered

Counsel (4)

Johan Arafat Hamzah & Mona Firm Thomas Philip Firm Johan Abdullah Counsel Defendant Voon Su Huei Counsel Plaintiff

Parties (2)

Mohd Hanafiah Abdul Jalil Defendant Raja Zainal Abidin bin Raja Hussin Plaintiff

Case Significance

RAJA ZAINAL ABIDIN BIN RAJA HUSSIN v MOHD HANAFIAH ABDUL JALIL is a High Court (Mahkamah Tinggi) decision dated January 21, 2025 (citation: wa-22ncvc-447-07-2024). The case was decided by Gan Techiong.

What was the outcome of RAJA ZAINAL ABIDIN BIN RAJA HUSSIN v MOHD HANAFIAH ABDUL JALIL?

RAJA ZAINAL ABIDIN BIN RAJA HUSSIN v MOHD HANAFIAH ABDUL JALIL is a High Court decision dated January 21, 2025. The case was heard by Gan Techiong. See the full judgment for details.

Statutes Cited

Evidence Act 1950 (Cap 56)

Rules of Court 2012

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (wa-22ncvc-447-07-2024)