SABAH DEVELOPMENT BANK BERHAD YUHANIS KAMIL PIHAK KETIGA ALAM DINGIN SDN. BHD.

SABAH DEVELOPMENT BANK BERHAD YUHANIS KAMIL PIHAK KETIGA ALAM DINGIN SDN. BHD.

The Plaintiff established a prima facie claim by producing the Guarantee and Certificate of Indebtedness; substitution required fulfilment of express conditions precedent which were not proven to have been satisfied by the Defendant; the Certificate is conclusive absent fraud or manifest error; third party...

Source-derived case information.

Citation
WA-22NCC-841-11/2024 (Mahkamah Tinggi)
Parties
Plaintiff: Sabah Development Bank Berhad; Defendant: Yuhanis Kamil; Third Party: Alam Dingin Sdn Bhd
Court
High Court
Jurisdiction
Malaysia
Judgment Date
2 September 2025
Case Number
WA-22NCC-841-11/2024 (Mahkamah Tinggi)
Procedural Posture
Civil Commercial (summary Judgment Under Order 14) / Decision on Summary Judgment Application
Outcome
Summary judgment granted for the Plaintiff
Legal Topics
Summary Judgment, Substitution of Guarantor, Conditions Precedent, Certificate of Indebtedness, Burden of Proof, Third Party Proceedings, Joint and Several Liability
Contract Banking Law Civil Procedure Guarantee and Suretyship Debt Recovery Enforcement Summary Judgment Substitution of Guarantor +5 more

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Parties

Sabah Development Bank Berhad

Plaintiff

Yuhanis Kamil

Defendant

Alam Dingin Sdn Bhd

Third Party

Procedural Posture

Civil Commercial (summary Judgment Under Order 14) / Decision on Summary Judgment Application

Legal Issues

  1. 1 Whether the Defendant was validly substituted and thus released from the Guarantee
  2. 2 Whether the Plaintiff established a prima facie case under Order 14
  3. 3 Whether the Certificate of Indebtedness is conclusive and adequate evidence

Ratio Decidendi

The Plaintiff established a prima facie claim by producing the Guarantee and Certificate of Indebtedness; substitution required fulfilment of express conditions precedent which were not proven to have been satisfied by the Defendant; the Certificate is conclusive absent fraud or manifest error; third party proceedings do not preclude summary judgment; the Defendant failed to discharge the evidential burden or raise any triable issue, entitling the Plaintiff to summary judgment.

Court Disposition

Summary judgment granted for the Plaintiff

Orders

  • Summary Judgment allowed in favour of the Plaintiff (Enclosure 8)
  • Judgment for RM1,550,706.54 together with contractual interest and costs