SATIPAH BINTI MOHD WAHAB BIN ALI

SATIPAH BINTI MOHD WAHAB BIN ALI

Plaintiff fulfilled Order 14 preliminary requirements and established a prima facie case through a written acknowledgement and contemporaneous payment evidence; defendant's denials were bare and failed to show any triable defence. The property's impediment by earlier court orders rendered the sale impracticable...

Source-derived case information.

Citation
TA-B52-2-12/2024 (Mahkamah Sesyen)
Parties
Plaintiff: Satipah binti Mohd; Defendant: Wahab bin Ali
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
4 August 2025
Case Number
TA-B52-2-12/2024 (Mahkamah Sesyen)
Procedural Posture
Civil Summary Judgment (order 14) / Sessions Court Judgment Granting Summary Judgment; Appeal Filed to High Court
Outcome
Plaintiff's Order 14 application allowed; summary judgment entered for plaintiff for repayment of RM500,000; interest and costs awarded.
Legal Topics
Summary Judgment, Frustrated Contract, Repayment of Deposit, Caveat, Costs
Contract Property Civil Procedure Summary Judgment Frustrated Contract Repayment of Deposit Caveat Costs

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Parties

Satipah binti Mohd

Plaintiff

Wahab bin Ali

Defendant

Procedural Posture

Civil Summary Judgment (order 14) / Sessions Court Judgment Granting Summary Judgment; Appeal Filed to High Court

Legal Issues

  1. 1 Whether plaintiff satisfied preliminary requirements for Order 14 summary judgment
  2. 2 Whether defendant raised a triable defence warranting leave to defend
  3. 3 Whether a binding contract existed despite lack of formal SPA

Ratio Decidendi

Plaintiff fulfilled Order 14 preliminary requirements and established a prima facie case through a written acknowledgement and contemporaneous payment evidence; defendant's denials were bare and failed to show any triable defence. The property's impediment by earlier court orders rendered the sale impracticable (frustrated), entitling plaintiff to restitution of the RM500,000 deposit. Summary judgment was therefore appropriate and costs awarded to plaintiff.

Court Disposition

Plaintiff's Order 14 application allowed; summary judgment entered for plaintiff for repayment of RM500,000; interest and costs awarded.

Orders

  • Judgment entered in favour of Plaintiff against Defendant for RM500000
  • Interest at 5% per annum on RM500000 from date the writ and statement of claim were filed until full settlement