MOHD MUZANI BIN MUHAMED MOHD KASMALI BIN IBRAHIM

MOHD MUZANI BIN MUHAMED MOHD KASMALI BIN IBRAHIM

On the balance of probabilities the plaintiff proved existence of an oral subcontract and that he built, completed and delivered five units; the defendant received payments from MARA/SPNB and failed to pay the outstanding balance, resulting in unjust enrichment; defendant's failure to call witnesses permitted adverse inferences; accordingly judgment entered for plaintiff for the outstanding sum and interest with costs on the prescribed scale.

Citation
TA-A72NCvC-89-09/2021 (Mahkamah Majistret)
Parties
Plaintif: MOHD MUZANI BIN MUHAMED; Defendan: MOHD KASMALI BIN IBRAHIM
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
30 June 2022
Case Number
TA-A72NCvC-89-09/2021 (Mahkamah Majistret)
Procedural Posture
Civil Contract Claim (debt/unjust Enrichment) / Judgment (magistrate Court)
Outcome
Judgment for plaintiff.
Legal Topics
Oral Contract, Subcontractor Payment Dispute, Payment by Third Party Financing (mara), Adverse Inference for Failure to Call Witnesses, Interest and Costs
Source Language
Malay/English
Contract Law Evidence Restitution/unjust Enrichment Civil Procedure Oral Contract Subcontractor Payment Dispute Payment by Third Party Financing (mara) Adverse Inference for Failure to Call Witnesses +1 more

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Parties

MOHD MUZANI BIN MUHAMED

Plaintif

MOHD KASMALI BIN IBRAHIM

Defendan

Procedural Posture

Civil Contract Claim (debt/unjust Enrichment) / Judgment (magistrate Court)

Legal Issues

  1. 1 Whether an enforceable contract existed between the parties for construction of seven units
  2. 2 Whether the defendant appointed the plaintiff to complete seven units
  3. 3 Whether the defendant offered RM60,000 per unit to the plaintiff

Ratio Decidendi

On the balance of probabilities the plaintiff proved existence of an oral subcontract and that he built, completed and delivered five units; the defendant received payments from MARA/SPNB and failed to pay the outstanding balance, resulting in unjust enrichment; defendant's failure to call witnesses permitted adverse inferences; accordingly judgment entered for plaintiff for the outstanding sum and interest with costs on the prescribed scale.

Court Disposition

Judgment for plaintiff.

Orders

  • Judgment for plaintiff against defendant for RM93,548.92
  • Interest at 5% per annum on the judgment sum from date of filing until full settlement