A MAGENDRAN A/L ARUMUGAM HANISAH BEGUM BINTI M. NAGOOR HASHAN

A MAGENDRAN A/L ARUMUGAM HANISAH BEGUM BINTI M. NAGOOR HASHAN

The cause of action accrued on 25.6.2015 (date payment was due); the 2017 transactions did not satisfy Sections 26 or 27 Limitation Act 1953 because there was no written signed acknowledgment by the respondent nor evidence of agency, novation or variation; therefore the action was time-barred and the Magistrate...

Source-derived case information.

Citation
JA-11ANCC-3-05/2023 (Mahkamah Tinggi)
Parties
Appellant: A Magendran a/l Arumugam; Respondent: Hanisah Begum binti M. Nagoor Hashan
Court
High Court
Jurisdiction
Malaysia
Judgment Date
27 August 2025
Case Number
JA-11ANCC-3-05/2023 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal From Magistrate's Court / Judgment on Appeal
Outcome
Appeal dismissed in full; Magistrate's decision upheld
Legal Topics
Accrual of Cause of Action, Section 6(1)(a) Limitation Act 1953, Section 26 Limitation Act 1953, Section 27 Limitation Act 1953, Order 18 Rule 19(1) Kaedah Kaedah Mahkamah 2012, Continuing Breach Vs Single Completed Breach
Limitation Contract Civil Procedure Accrual of Cause of Action Section 6(1)(a) Limitation Act 1953 Section 26 Limitation Act 1953 Section 27 Limitation Act 1953 Order 18 Rule 19(1) Kaedah Kaedah Mahkamah 2012 +1 more

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Parties

A Magendran a/l Arumugam

Appellant

Hanisah Begum binti M. Nagoor Hashan

Respondent

Procedural Posture

Civil Appeal From Magistrate's Court / Judgment on Appeal

  1. 1 When did the cause of action accrue for limitation purposes?
  2. 2 Whether 2017 payments revived limitation under Sections 26 and 27 Limitation Act 1953
  3. 3 Whether the Magistrate erred in allowing dismissal under Order 18 Rule 19(1) KKM 2012

Ratio Decidendi

The cause of action accrued on 25.6.2015 (date payment was due); the 2017 transactions did not satisfy Sections 26 or 27 Limitation Act 1953 because there was no written signed acknowledgment by the respondent nor evidence of agency, novation or variation; therefore the action was time-barred and the Magistrate correctly allowed dismissal under Order 18 Rule 19(1) KKM 2012.

Court Disposition

Appeal dismissed in full; Magistrate's decision upheld

Orders

  • Appeal dismissed
  • Magistrate's decision dated 15.5.2023 upheld