MOHD MUSA BIN PAIJAN 1. AZROL BIN MOHAMAD 2. MOHD IRFAN AZRIN BIN MUSTAFAR PIHAK KETIGA MAYBANK ISLAMIC BERHAD & MALAYAN BANKING BERHAD

MOHD MUSA BIN PAIJAN 1. AZROL BIN MOHAMAD 2. MOHD IRFAN AZRIN BIN MUSTAFAR PIHAK KETIGA MAYBANK ISLAMIC BERHAD & MALAYAN BANKING BERHAD

The injunction application was dismissed because a court will not grant an injunction to restrain a final order made by the same court (functus officio); the applicant must pursue an appeal or seek a stay; the application constituted multiplicity and abuse of process and failed to meet interlocutory injunction criteria.

Citation
A52NCC-398-09-2020 Encl 31 (Mahkamah Sesyen)
Parties
Judgment Creditor: Mohd Musa bin Paijan; Judgment Debtor: Azrol bin Mohamad; Judgment Debtor: Mohd Irfan Azrin bin Mustafar; Garnishees: Affin Bank Berhad & 34 yg lain
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
23 June 2021
Case Number
A52NCC-398-09-2020 Encl 31 (Mahkamah Sesyen)
Procedural Posture
Civil Garnishee Proceedings / Interlocutory Injunction Application Post Judgment Enforcement
Outcome
application dismissed with costs
Legal Topics
Ex Parte Injunction, Functus Officio, Multiplicity of Proceedings, Costs, Appeal/stay
Source Language
Malay/English
Civil Procedure Injunctions Garnishee Proceedings Enforcement of Judgments Abuse of Process Ex Parte Injunction Functus Officio Multiplicity of Proceedings +2 more

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Parties

Mohd Musa bin Paijan

Judgment Creditor

Azrol bin Mohamad

Judgment Debtor

Mohd Irfan Azrin bin Mustafar

Judgment Debtor

Affin Bank Berhad & 34 yg lain

Garnishees

Procedural Posture

Civil Garnishee Proceedings / Interlocutory Injunction Application Post Judgment Enforcement

Legal Issues

  1. 1 Whether an injunction can be granted to restrain enforcement of an absolute garnishee order made by the same court
  2. 2 Whether the court is functus officio and thus incapable of granting the requested relief
  3. 3 Whether the application amounts to multiplicity of proceedings and abuse of process

Ratio Decidendi

The injunction application was dismissed because a court will not grant an injunction to restrain a final order made by the same court (functus officio); the applicant must pursue an appeal or seek a stay; the application constituted multiplicity and abuse of process and failed to meet interlocutory injunction criteria.

Court Disposition

application dismissed with costs

Orders

  • Application for injunctive relief dismissed
  • Costs fixed at RM2000 to be paid by the judgment debtor to the judgment creditor