JAMALULAIL BIN ISMAIL UNIVERSITI TUN HUSSEIN ONN MALAYSIA (dahulunya dikenali sebagai Kolej Universiti Teknologi Tun Hussein Onn)

JAMALULAIL BIN ISMAIL UNIVERSITI TUN HUSSEIN ONN MALAYSIA (dahulunya dikenali sebagai Kolej Universiti Teknologi Tun Hussein Onn)

The court held that s26(2) only applies where there is an unconditional written and signed acknowledgement as required by s27; the December 2014 email was neither signed nor an absolute unconditional admission of liability and did not identify the sum or liability clearly; therefore s26(2) did not revive the limitation period, the writ was filed outside the statutory period and the action was time‑barred; appeal allowed and claim dismissed with costs.

Citation
JB-12ANCC-2-09/2021 (Mahkamah Tinggi)
Parties
Appellant / Defendant First: Jamalulail bin Ismail; Respondent / Plaintiff: Universiti Tun Hussein Onn Malaysia; Defendant Second: Munawir bin Ismail; Defendant Third: Muhd Asyikun Ilahi bin Ismail
Court
High Court
Jurisdiction
Malaysia
Judgment Date
16 January 2022
Case Number
JB-12ANCC-2-09/2021 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal / Appeal Judgment From Sessions Court on Limitation and Striking Application (order 18)
Outcome
Appeal allowed. Writ of Summons and Statement of Claim of respondent/plaintiff struck out as time‑barred. Costs to appellant.
Legal Topics
Limitation Period, Acknowledgement of Debt, Laches (equitable Delay), Striking Out / Abuse of Process, Accrual of Cause of Action
Source Language
Malay/English
Contract Limitation Civil Procedure Equity Limitation Period Acknowledgement of Debt Laches (equitable Delay) Striking Out / Abuse of Process +1 more

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Parties

Jamalulail bin Ismail

Appellant / Defendant First

Universiti Tun Hussein Onn Malaysia

Respondent / Plaintiff

Munawir bin Ismail

Defendant Second

Muhd Asyikun Ilahi bin Ismail

Defendant Third

Procedural Posture

Civil Appeal / Appeal Judgment From Sessions Court on Limitation and Striking Application (order 18)

Legal Issues

  1. 1 Whether negotiations and an email constituted an acknowledgement under s26(2) Limitation Act 1953 thereby restarting the limitation period
  2. 2 Whether the writ and statement of claim were filed outside the statutory limitation period and therefore time‑barred (and whether laches applied)

Ratio Decidendi

The court held that s26(2) only applies where there is an unconditional written and signed acknowledgement as required by s27; the December 2014 email was neither signed nor an absolute unconditional admission of liability and did not identify the sum or liability clearly; therefore s26(2) did not revive the limitation period, the writ was filed outside the statutory period and the action was time‑barred; appeal allowed and claim dismissed with costs.

Court Disposition

Appeal allowed. Writ of Summons and Statement of Claim of respondent/plaintiff struck out as time‑barred. Costs to appellant.

Orders

  • Appeal allowed.
  • Writ of Summons and Statement of Claim of Universiti Tun Hussein Onn Malaysia dismissed/cancelled.