1. ) Mohd Nasir Bin Ibrahim 2. ) Narimah Binti Ibrahim 1. ) Zulkifli Bin Ibrahim 2. ) Mohd Hatta Bin Ibrahim 3. ) Ziedah Binti Ibrahim

1. ) Mohd Nasir Bin Ibrahim 2. ) Narimah Binti Ibrahim 1. ) Zulkifli Bin Ibrahim 2. ) Mohd Hatta Bin Ibrahim 3. ) Ziedah Binti Ibrahim

Defendant 1 was found to have breached the interim injunction on the evidence; contempt requires proof beyond reasonable doubt and mens rea is not necessary, but having regard to D1's age, character and the context of a familial inheritance dispute, the proper exercise of discretion required a reprimand rather than...

Source-derived case information.

Citation
BA-22NCvC-131-03/2024 (Mahkamah Tinggi)
Parties
Plaintiff: MOHD NASIR BIN IBRAHIM; Plaintiff: NARIMAH BINTI IBRAHIM; Defendant: ZULKIFLI BIN IBRAHIM; Defendant: MOHD HATTA BIN IBRAHIM; Defendant: ZIEDAH BINTI IBRAHIM
Court
High Court
Jurisdiction
Malaysia
Judgment Date
19 June 2025
Case Number
BA-22NCvC-131-03/2024 (Mahkamah Tinggi)
Procedural Posture
Application for Committal for Contempt of Court Arising From Alleged Breach of Interim Injunction / High Court Judgment on Committal Application
Outcome
Application for committal allowed in part: D1 found to have breached the injunction; no imprisonment imposed; warning issued and costs awarded to plaintiffs.
Legal Topics
Committal, Interim Injunction, Contempt, Costs, Sentencing Discretion
Civil Family Law Contempt of Court Injunctions Committal Interim Injunction Contempt Costs +1 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 5 Authorities cited 11 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

MOHD NASIR BIN IBRAHIM

Plaintiff

NARIMAH BINTI IBRAHIM

Plaintiff

ZULKIFLI BIN IBRAHIM

Defendant

MOHD HATTA BIN IBRAHIM

Defendant

ZIEDAH BINTI IBRAHIM

Defendant

Procedural Posture

Application for Committal for Contempt of Court Arising From Alleged Breach of Interim Injunction / High Court Judgment on Committal Application

  1. 1 Whether Defendant 1 breached the interim injunction dated 29.8.2024
  2. 2 Whether the breach constitutes contempt of court
  3. 3 Applicable standard of proof for contempt

Ratio Decidendi

Defendant 1 was found to have breached the interim injunction on the evidence; contempt requires proof beyond reasonable doubt and mens rea is not necessary, but having regard to D1's age, character and the context of a familial inheritance dispute, the proper exercise of discretion required a reprimand rather than committal; costs awarded to plaintiffs.

Court Disposition

Application for committal allowed in part: D1 found to have breached the injunction; no imprisonment imposed; warning issued and costs awarded to plaintiffs.

Orders

  • Warning issued to Defendant 1 for contempt of the interim injunction; no committal to prison or fine imposed
  • Costs of RM3000 awarded to the Plaintiffs, subject to alocator