1. ) JOHAN BIN RAMLI 2. ) NOR A'SHIKIN BINTI ABDULLAH 1. ) AMEER BIN NOORDIN 2. ) NOR ASMAH BINTI HASHIM

1. ) JOHAN BIN RAMLI 2. ) NOR A'SHIKIN BINTI ABDULLAH 1. ) AMEER BIN NOORDIN 2. ) NOR ASMAH BINTI HASHIM

The 2nd Defendant was the purchaser's solicitor and agent, not a jointly appointed stakeholder; payment to her did not discharge the purchaser's obligation; part payment and the unequivocal WhatsApp acknowledgment on 12 November 2019 restarted the limitation period so the 2024 suit is within time; no bona fide triable issue exists; summary judgment granted for the unpaid balance of RM760,000 plus interest and costs.

Citation
BA-22NCvC-242-06/2024 (Mahkamah Tinggi)
Parties
Plaintiff: Johan bin Ramli; Plaintiff: Nor A’shikin binti Abdullah; Defendant: Ameer bin Noordin; Defendant: Nor Asmah Hashim
Court
High Court
Jurisdiction
Malaysia
Judgment Date
24 October 2025
Case Number
BA-22NCvC-242-06/2024 (Mahkamah Tinggi)
Procedural Posture
Civil Suit for Unpaid Balance of Purchase Price Under Sale and Purchase Agreement / Order 14 Application for Summary Judgment (summary Judgment Granted)
Outcome
Summary judgment entered for the Plaintiffs
Legal Topics
Summary Judgment, Stakeholder Vs Agent, Agency, Limitation Period, Part Payment, Acknowledgment of Debt, Unjust Enrichment, Interest on Judgment
Source Language
Malay/English
Contract Law Property Law Civil Procedure Equity and Trusts Limitation Law Conveyancing Summary Judgment Stakeholder Vs Agent +6 more

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Parties

Johan bin Ramli

Plaintiff

Nor A’shikin binti Abdullah

Plaintiff

Ameer bin Noordin

Defendant

Nor Asmah Hashim

Defendant

Procedural Posture

Civil Suit for Unpaid Balance of Purchase Price Under Sale and Purchase Agreement / Order 14 Application for Summary Judgment (summary Judgment Granted)

Legal Issues

  1. 1 Whether the purchaser's solicitor (2nd Defendant) was a true stakeholder or purchaser's agent
  2. 2 Whether payment to the 2nd Defendant discharged the purchaser's contractual obligation
  3. 3 Whether part payment and the 2019 acknowledgment revived the limitation period

Ratio Decidendi

The 2nd Defendant was the purchaser's solicitor and agent, not a jointly appointed stakeholder; payment to her did not discharge the purchaser's obligation; part payment and the unequivocal WhatsApp acknowledgment on 12 November 2019 restarted the limitation period so the 2024 suit is within time; no bona fide triable issue exists; summary judgment granted for the unpaid balance of RM760,000 plus interest and costs.

Court Disposition

Summary judgment entered for the Plaintiffs

Orders

  • Judgment for the Plaintiffs: RM760000.00 (unpaid balance of purchase price)
  • Interest at 8% per annum from 3 January 2016 until full settlement of the judgment sum