CHEW KOK WAH 1. ) MUHAMMAD ZAIREE IZWAN BIN ZAHIR 2. ) NUR ZAIREEN NADIRAH BINTI ZAHIR 3. ) MAZLINA BINTI CHE OMAR

CHEW KOK WAH 1. ) MUHAMMAD ZAIREE IZWAN BIN ZAHIR 2. ) NUR ZAIREEN NADIRAH BINTI ZAHIR 3. ) MAZLINA BINTI CHE OMAR

Plaintiff failed to prove the RM200,000 was a personal loan of the deceased: evidence showed funds were paid into business accounts and cheques issued by a business entity, no written agreement existed and documentary evidence was only treated as ID; therefore administrators are not liable and the plaintiff's claim is dismissed.

Citation
KB-A52NCvC-9-06/2021 (Mahkamah Sesyen)
Parties
Plaintiff (trading as THX Enterprise): Chew Kok Wah; Administrator of the Estate of the Deceased, Zahir Bin Yahya (defendant 1): Muhammad Zairee Izwan bin Zahir; Administrator of the Estate of the Deceased, Zahir Bin Yahya (defendant 2): Nur Zaireen Nadirah binti Zahir; Defendant (wife of the Deceased): Mazlina binti Che Omar
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
27 August 2024
Case Number
KB-A52NCvC-9-06/2021 (Mahkamah Sesyen)
Procedural Posture
Civil Debt Recovery (guaman Sivil) / Judgment After Full Trial
Outcome
Plaintiff's claim dismissed
Legal Topics
Loan, Administrator Liability, Proof of Debt, Costs
Source Language
Malay/English
Contract Probate and Administration Civil Procedure Debt Recovery Loan Administrator Liability Proof of Debt Costs

Case Brief

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Parties

Chew Kok Wah

Plaintiff (trading as THX Enterprise)

Muhammad Zairee Izwan bin Zahir

Administrator of the Estate of the Deceased, Zahir Bin Yahya (defendant 1)

Nur Zaireen Nadirah binti Zahir

Administrator of the Estate of the Deceased, Zahir Bin Yahya (defendant 2)

Mazlina binti Che Omar

Defendant (wife of the Deceased)

Procedural Posture

Civil Debt Recovery (guaman Sivil) / Judgment After Full Trial

Legal Issues

  1. 1 Whether the deceased owed RM200,000 to the plaintiff
  2. 2 Whether the plaintiff can recover the alleged debt from the estate administrators
  3. 3 Whether the administrators are personally liable after obtaining letters of administration

Ratio Decidendi

Plaintiff failed to prove the RM200,000 was a personal loan of the deceased: evidence showed funds were paid into business accounts and cheques issued by a business entity, no written agreement existed and documentary evidence was only treated as ID; therefore administrators are not liable and the plaintiff's claim is dismissed.

Court Disposition

Plaintiff's claim dismissed

Orders

  • Plaintiff's claim dismissed.
  • Claim against defendant 3 (Mazlina binti Che Omar) dismissed.