1. ) QAIS MOHAMMED RASHEED ALMOMAMI 2. ) MOUIYAD MAHMOUD AHMAD BANI 3. ) KAMAN RAJAB ALI ABU ALKHAER ONG TECK LOONG

1. ) QAIS MOHAMMED RASHEED ALMOMAMI 2. ) MOUIYAD MAHMOUD AHMAD BANI 3. ) KAMAN RAJAB ALI ABU ALKHAER ONG TECK LOONG

The application (Saman Pemula Terpinda, Lampiran 4) was dismissed because applicants failed to comply with mandatory procedural rules (late filing of notice of appeal and failure to file record of appeal), failed to provide satisfactory explanation for excessive delay in seeking to set aside a consent judgment, did...

Source-derived case information.

Citation
WA-24NCvC-2022-10/2021 (Mahkamah Tinggi)
Parties
Applicant: Qais Mohammed Rasheed Almomani; Applicant: Mouiyad Mahmoud Ahmad Bani Yousef; Applicant: Kaman Rajab Ali Abu Alkhaer; Respondent: Ong Teck Loong
Court
High Court
Jurisdiction
Malaysia
Judgment Date
21 March 2022
Case Number
WA-24NCvC-2022-10/2021 (Mahkamah Tinggi)
Procedural Posture
Originating Summons (application to Appeal / Set Aside Consent Judgment) / Judgment on Application (high Court Decision)
Outcome
Saman Pemula Terpinda (Lampiran 4) dismissed
Legal Topics
Extension of Time to File Appeal, Setting Aside Consent Judgment, Compliance With Court Rules, Costs, Leave to Appeal, Failure to File Record of Appeal
Civil Procedure Appeal Judgments and Orders Landlord and Tenancy Extension of Time to File Appeal Setting Aside Consent Judgment Compliance With Court Rules Costs +2 more

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Parties

Qais Mohammed Rasheed Almomani

Applicant

Mouiyad Mahmoud Ahmad Bani Yousef

Applicant

Kaman Rajab Ali Abu Alkhaer

Applicant

Ong Teck Loong

Respondent

Procedural Posture

Originating Summons (application to Appeal / Set Aside Consent Judgment) / Judgment on Application (high Court Decision)

  1. 1 Whether extension of time to file a notice of appeal should be granted
  2. 2 Whether the originating process (Saman Pemula Terpinda) and supporting affidavits are defective and non-compliant with rules
  3. 3 Whether the consent judgment can be set aside and if exceptional circumstances (fraud, mistake, total failure of consideration) exist

Ratio Decidendi

The application (Saman Pemula Terpinda, Lampiran 4) was dismissed because applicants failed to comply with mandatory procedural rules (late filing of notice of appeal and failure to file record of appeal), failed to provide satisfactory explanation for excessive delay in seeking to set aside a consent judgment, did not plead or prove exceptional circumstances (fraud, mistake or total failure of consideration) required to set aside a consent judgment, and their conduct caused prejudice to the respondent (notably unpaid rent).

Court Disposition

Saman Pemula Terpinda (Lampiran 4) dismissed

Orders

  • Saman Pemula Terpinda in Lampiran 4 is dismissed
  • Costs awarded to respondent in the sum of RM2000.00 subject to fi alokatur