RAHMAH BINTI ARSHAD 1. ) ABDUL MALIK BIN YUSOFF 2. ) MOHD SAZALI BIN SAAT

RAHMAH BINTI ARSHAD 1. ) ABDUL MALIK BIN YUSOFF 2. ) MOHD SAZALI BIN SAAT

The court held that the three-year limitation period in s.7(5) Civil Law Act 1956 is computed by Gregorian calendar years such that it expires one day before the same calendar date three years later; accordingly the limitation expired on 26.12.2023 and the writ filed on 27.12.2023 was time-barred, so the Sessions...

Source-derived case information.

Citation
JA-12A-7-10/2024 (Mahkamah Tinggi)
Parties
Appellant / Plaintiff Second: Rahmah binti Arshad; Respondent / Defendant First: Abdul Malik bin Yusoff; Respondent / Defendant Second: Mohd Sazali bin Saat; Plaintiff First: Muhammad Zulilmi bin Zaini
Court
High Court
Jurisdiction
Malaysia
Judgment Date
7 August 2025
Case Number
JA-12A-7-10/2024 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal From Sessions Court / Judgment on Limitation (appeal Disposed)
Outcome
Appeal dismissed; no order as to costs
Legal Topics
Limitation Period, Computation of Time, Dependency Claim Under Fatal Accidents Provisions, Pleading and Strike Out
Tort Civil Procedure Limitation Law Family Law (dependency) Limitation Period Computation of Time Dependency Claim Under Fatal Accidents Provisions Pleading and Strike Out

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Parties

Rahmah binti Arshad

Appellant / Plaintiff Second

Abdul Malik bin Yusoff

Respondent / Defendant First

Mohd Sazali bin Saat

Respondent / Defendant Second

Muhammad Zulilmi bin Zaini

Plaintiff First

Procedural Posture

Civil Appeal From Sessions Court / Judgment on Limitation (appeal Disposed)

Legal Issues

  1. 1 Whether the dependency claim under s.7(1) Civil Law Act 1956 is time-barred by s.7(5)
  2. 2 How to compute the three-year limitation period under s.7(5) (whether the day of death is included)

Ratio Decidendi

The court held that the three-year limitation period in s.7(5) Civil Law Act 1956 is computed by Gregorian calendar years such that it expires one day before the same calendar date three years later; accordingly the limitation expired on 26.12.2023 and the writ filed on 27.12.2023 was time-barred, so the Sessions Court's order striking the claim was confirmed and the appeal dismissed.

Court Disposition

Appeal dismissed; no order as to costs

Orders

  • Appeal dismissed
  • No order as to costs