1. ) Ramlah Binti Mamat, Sebagai Cucu Yang Sah Dan Wakil Diri Kepada Ismail Bin Awang, Si Mati 2. ) Ramlah Binti Mamat, Sebagai Anak Yang Sah Dan Wakil Diri Kepada Mamat Bin Ismail, Si Mati 1. ) EZANI BIN MOHD YUSOF 2. ) Ezani Bin Mohd Yuso

1. ) Ramlah Binti Mamat, Sebagai Cucu Yang Sah Dan Wakil Diri Kepada Ismail Bin Awang, Si Mati 2. ) Ramlah Binti Mamat, Sebagai Anak Yang Sah Dan Wakil Diri Kepada Mamat Bin Ismail, Si Mati 1. ) EZANI BIN MOHD YUSOF 2. ) Ezani Bin Mohd Yuso

Application to amend the agreed facts (K157) is dismissed because defendants offered no satisfactory explanation for the inordinate delay, the claimed solicitor's mistake is not a sufficient or acceptable justification, the proposed amendments would prejudice the plaintiffs as the matters were already adduced in...

Source-derived case information.

Citation
DA-22NCvC-10-02/2018 (Mahkamah Tinggi)
Parties
Plaintiff: RAMLAH BINTI MAMAT (as lawful granddaughter and litigation representative of Ismail Bin Awang, deceased); Plaintiff: RAMLAH BINTI MAMAT (as lawful daughter and litigation representative of Mamat Bin Ismail, deceased); Defendant: EZANI BIN MOHD YUSOF; Defendant: EZANI BIN MOHD YUSOF (as litigation representative of Mohd Yusof Bin Ismail, deceased); Defendant: NOR FITRIAH BINTI ABDUL GHANI; Defendant: WAN NORHASANAH BINTI WAN YUSOFF
Court
High Court
Jurisdiction
Malaysia
Judgment Date
12 October 2023
Case Number
DA-22NCvC-10-02/2018 (Mahkamah Tinggi)
Procedural Posture
Civil Application to Amend Agreed Facts Under Rules of Court 2012 / Post Close of Evidence; Interlocutory Application After Parties Had Closed Their Cases
Outcome
Application by Defendants 3 and 4 dismissed
Legal Topics
Amendment of Agreed Facts, Pleading Amendments, Delay and Solicitor Negligence, Costs
Civil Procedure Pre Trial Case Management Evidence Amendment of Agreed Facts Pleading Amendments Delay and Solicitor Negligence Costs

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Parties

RAMLAH BINTI MAMAT (as lawful granddaughter and litigation representative of Ismail Bin Awang, deceased)

Plaintiff

RAMLAH BINTI MAMAT (as lawful daughter and litigation representative of Mamat Bin Ismail, deceased)

Plaintiff

EZANI BIN MOHD YUSOF

Defendant

EZANI BIN MOHD YUSOF (as litigation representative of Mohd Yusof Bin Ismail, deceased)

Defendant

NOR FITRIAH BINTI ABDUL GHANI

Defendant

WAN NORHASANAH BINTI WAN YUSOFF

Defendant

Procedural Posture

Civil Application to Amend Agreed Facts Under Rules of Court 2012 / Post Close of Evidence; Interlocutory Application After Parties Had Closed Their Cases

  1. 1 Whether defendants 3 and 4 should be permitted to amend the agreed facts (K88) after trial commenced and after both parties closed their cases
  2. 2 Whether the prolonged delay and the alleged solicitor's mistake justify allowing the amendment
  3. 3 Whether granting the amendment would cause prejudice to the plaintiffs and be contrary to just, expeditious and economical disposal of the action

Ratio Decidendi

Application to amend the agreed facts (K157) is dismissed because defendants offered no satisfactory explanation for the inordinate delay, the claimed solicitor's mistake is not a sufficient or acceptable justification, the proposed amendments would prejudice the plaintiffs as the matters were already adduced in evidence and formed part of the trial, and the application was not bona fide; costs awarded RM2000.00 subject to fi alokatur.

Court Disposition

Application by Defendants 3 and 4 dismissed

Orders

  • K157 dismissed
  • Costs of RM2000.00 awarded to Plaintiffs, subject to fi alokatur