ARIS SYAZANI BIN JOHARI yang berniaga atas nama dan gaya AS Teguh Trading 1. ) PERSATUAN IBU BAPA DAN GURU (PIBG) SEKOLAH MENENGAH KEBANGSAAN ALOR JANGGUS 2. ) SARIDAN BIN ABD. HAMID 3. ) ISMAIL BIN IBRAHIM 4. ) ZAINON BIN DESA 5. ) SALEH B

ARIS SYAZANI BIN JOHARI yang berniaga atas nama dan gaya AS Teguh Trading 1. ) PERSATUAN IBU BAPA DAN GURU (PIBG) SEKOLAH MENENGAH KEBANGSAAN ALOR JANGGUS 2. ) SARIDAN BIN ABD. HAMID 3. ) ISMAIL BIN IBRAHIM 4. ) ZAINON BIN DESA 5. ) SALEH B

Court found plaintiff breached contractual specifications (P2 within P1) and defendants (some) lacked locus standi to bind the association; plaintiff had in any event received payment of RM10,000 and the engineer valuation of completed works was RM9,763.51 so plaintiff failed to prove entitlement to RM11,430 or any...

Source-derived case information.

Citation
KA-A72NCvC-53-04/2022 (Mahkamah Majistret)
Parties
Plaintiff: Aris Syazani bin Johari; Defendant: Persatuan Ibu Bapa dan Guru (PIBG) Sekolah Menengah Kebangsaan Alor Janggus; Defendant: Saridan bin Abd. Hamid; Defendant: Ismail bin Ibrahim; Defendant: Zainon bin Desa; Defendant: Saleh bin Ali
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
28 October 2024
Case Number
KA-A72NCvC-53-04/2022 (Mahkamah Majistret)
Procedural Posture
Contract Dispute (civil) / Judgment After Full Trial
Outcome
Plaintiff's claim dismissed; counterclaims by Defendants 1,3,4 and 5 dismissed
Legal Topics
Breach of Contract, Locus Standi, Damages, Burden of Proof, Termination of Contract, Enforceability of Signed Documents
Contract Law Civil Procedure Evidence Breach of Contract Locus Standi Damages Burden of Proof Termination of Contract +1 more

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Parties

Aris Syazani bin Johari

Plaintiff

Persatuan Ibu Bapa dan Guru (PIBG) Sekolah Menengah Kebangsaan Alor Janggus

Defendant

Saridan bin Abd. Hamid

Defendant

Ismail bin Ibrahim

Defendant

Zainon bin Desa

Defendant

Saleh bin Ali

Defendant

Procedural Posture

Contract Dispute (civil) / Judgment After Full Trial

  1. 1 Whether the plaintiff breached the contract terms (P1/P2)
  2. 2 Whether the defendants had locus standi to enter and be sued on the contract
  3. 3 Whether the plaintiff had been paid for completed works and thus entitled to the claimed sum

Ratio Decidendi

Court found plaintiff breached contractual specifications (P2 within P1) and defendants (some) lacked locus standi to bind the association; plaintiff had in any event received payment of RM10,000 and the engineer valuation of completed works was RM9,763.51 so plaintiff failed to prove entitlement to RM11,430 or any additional damages; plaintiff failed to prove quantum for general, aggravated or exemplary damages; counterclaims by Defendants 1,3,4 and 5 were unsupported by evidence; accordingly plaintiff's claim and those counterclaims were dismissed with costs per scale.

Court Disposition

Plaintiff's claim dismissed; counterclaims by Defendants 1,3,4 and 5 dismissed

Orders

  • Plaintiff's claim against the Defendants is dismissed
  • Counterclaims by Defendants 1, 3, 4 and 5 are dismissed