ZURIDAH BINTI DAUD DAUD BIN ABDULLAH

ZURIDAH BINTI DAUD DAUD BIN ABDULLAH

The defendant's stay application was dismissed because the dispute concerns a declaration of trust over land within the civil High Court's jurisdiction; the proper route to challenge jurisdiction is by strike‑out with affidavit and authorities, and Sharia Court decisions do not bind the civil court.

Citation
WA-22NCVC-52-01/2020 (Mahkamah Tinggi)
Parties
Plaintiff: ZURIDAH BINTI DAUD; Defendant: DAUD BIN ABDULLAH
Court
High Court
Jurisdiction
Malaysia
Judgment Date
13 October 2020
Case Number
WA-22NCVC-52-01/2020 (Mahkamah Tinggi)
Procedural Posture
Civil (guaman Sivil) / Application to Stay Proceedings Pending Sharia Court Determination
Outcome
Defendant's application to stay proceedings dismissed.
Legal Topics
Declaration of Trust, Hiba (gift Inter Vivos), Jurisdiction, Stay of Proceedings, Civil–sharia Forum Conflict
Source Language
Malay/English
Civil Procedure Property Law Trusts Islamic/sharia Law Declaration of Trust Hiba (gift Inter Vivos) Jurisdiction Stay of Proceedings +1 more

Case Brief

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Parties

ZURIDAH BINTI DAUD

Plaintiff

DAUD BIN ABDULLAH

Defendant

Procedural Posture

Civil (guaman Sivil) / Application to Stay Proceedings Pending Sharia Court Determination

Legal Issues

  1. 1 Whether the High Court should stay civil proceedings pending determination by the Sharia Court
  2. 2 Whether the 1/3 interest in land arises under a declaration of trust (civil) or as a hiba/gift inter vivos (Sharia)
  3. 3 Whether decisions of the Sharia Court bind or are persuasive on the civil High Court

Ratio Decidendi

The defendant's stay application was dismissed because the dispute concerns a declaration of trust over land within the civil High Court's jurisdiction; the proper route to challenge jurisdiction is by strike‑out with affidavit and authorities, and Sharia Court decisions do not bind the civil court.

Court Disposition

Defendant's application to stay proceedings dismissed.

Orders

  • Application to stay dismissed
  • Costs in the cause