NORMI BINTI ABU BAKAR RASHIDI BIN ANI

NORMI BINTI ABU BAKAR RASHIDI BIN ANI

Plaintiff complied with Order 14 requirements and established a prima facie case; defendant failed to file a defence and did not demonstrate bona fide triable issues in the affidavit answer (mere denials and unmeritorious assertions), therefore summary judgment was properly entered for the plaintiff and costs awarded.

Citation
KA-A72NCvC-135-07/2023 (Mahkamah Majistret)
Parties
Plaintiff: Normi Binti Abu Bakar; Defendant: Rashidi Bin Ani
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
30 January 2024
Case Number
KA-A72NCvC-135-07/2023 (Mahkamah Majistret)
Procedural Posture
Civil Summary Judgment (order 14) / Judgment Entered; Appeal Filed by Defendant
Outcome
Summary judgment entered for Plaintiff; costs awarded to Plaintiff; Defendant has filed an appeal
Legal Topics
Summary Judgment, Order 14, Affidavit Evidence, Costs
Source Language
Malay/English
Civil Procedure Court Rules Summary Judgment Order 14 Affidavit Evidence Costs

Case Brief

Summary, issues, holding and outcome

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Parties

Normi Binti Abu Bakar

Plaintiff

Rashidi Bin Ani

Defendant

Procedural Posture

Civil Summary Judgment (order 14) / Judgment Entered; Appeal Filed by Defendant

Legal Issues

  1. 1 Whether plaintiff satisfied the procedural and evidential requirements of Order 14 Rules
  2. 2 Whether defendant raised bona fide triable issues to defeat summary judgment
  3. 3 Whether summary judgment and costs should be awarded

Ratio Decidendi

Plaintiff complied with Order 14 requirements and established a prima facie case; defendant failed to file a defence and did not demonstrate bona fide triable issues in the affidavit answer (mere denials and unmeritorious assertions), therefore summary judgment was properly entered for the plaintiff and costs awarded.

Court Disposition

Summary judgment entered for Plaintiff; costs awarded to Plaintiff; Defendant has filed an appeal

Orders

  • Summary judgment allowed for Plaintiff against Defendant under Order 14 Rule 1(1) Rules of Court 2012
  • Costs awarded to Plaintiff in the sum of RM 2,000