Rosli Bin Almanzur Mohamd Ridzwan Bin Kithur Mohamed Sebagai Wakil Diri Kithur Mohamed Bin Mohd Idris (No. K/p: 581226-71-5075)

Rosli Bin Almanzur Mohamd Ridzwan Bin Kithur Mohamed Sebagai Wakil Diri Kithur Mohamed Bin Mohd Idris (No. K/p: 581226-71-5075)

Multiple, mandatory procedural breaches by appellant — failure to serve the NOA, failure to file and serve a compliant ROA (including Notes of Evidence) within time, failure to apply in writing for NOP and GOJ within time, and absence of evidence validating claimed email service (which is ineffective without a practice direction) — were incurable and prejudicial; no application to regularise was made; therefore the appeal was defective and must be struck out.

Citation
PA-12BNCvC-4-09/2022 (Mahkamah Tinggi)
Parties
Appellant Defendant (perayu): Rosli Bin Almanzur; Respondent Plaintiff: Kithur Mohamed Bin Mohd Idris; Representative (self Represented) for Kithur Mohamed Bin Mohd Idris: Mohamd Ridzwan Bin Kithur Mohamed
Court
High Court
Jurisdiction
Malaysia
Judgment Date
27 April 2023
Case Number
PA-12BNCvC-4-09/2022 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal From Sessions Court / Interlocutory Hearing on Strike Out Application
Outcome
Appeal struck out as defective and incompetent
Legal Topics
Service of Process, Notice of Appeal, Record of Appeal, Time Limits for Post Trial Appeals, Practice Directions, Striking Out Appeals
Source Language
Malay/English
Civil Procedure Appeals Court Rules Service of Process Notice of Appeal Record of Appeal Time Limits for Post Trial Appeals Practice Directions +1 more

Case Brief

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Parties

Rosli Bin Almanzur

Appellant Defendant (perayu)

Kithur Mohamed Bin Mohd Idris

Respondent Plaintiff

Mohamd Ridzwan Bin Kithur Mohamed

Representative (self Represented) for Kithur Mohamed Bin Mohd Idris

Procedural Posture

Civil Appeal From Sessions Court / Interlocutory Hearing on Strike Out Application

Legal Issues

  1. 1 Whether Notice of Appeal was validly served within time
  2. 2 Whether Record of Appeal was filed and served within statutory time and contained required Notes of Evidence
  3. 3 Whether application for Notes of Proceedings and Grounds of Judgment was made within prescribed time

Ratio Decidendi

Multiple, mandatory procedural breaches by appellant — failure to serve the NOA, failure to file and serve a compliant ROA (including Notes of Evidence) within time, failure to apply in writing for NOP and GOJ within time, and absence of evidence validating claimed email service (which is ineffective without a practice direction) — were incurable and prejudicial; no application to regularise was made; therefore the appeal was defective and must be struck out.

Court Disposition

Appeal struck out as defective and incompetent

Orders

  • Enclosure 4 allowed and appellant's appeal struck out for being defective and incompetent
  • Appellant to pay costs of RM10000 to Respondent by 29.5.2023; costs subject to allocatur