25 Jul 2023
1. ) ZULIAHA BINTI SELAMAT 2. ) NOOR AMALI BIN SELAMAT 1. ) Majlis Amanah Rakyat (MARA) 2. ) PENTADBIR TANAH DAERAH BATU PAHAT
- Citation
- JB-24NCvC-546-11/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- JB-24NCvC-546-11/2022 (Mahkamah Tinggi)
Part payments made in 2020 by the guarantor revived the Respondent's right to enforce the charge under s.26 Limitation Act 1953 so the application for order for sale filed in July 2020 was not time-barred; there was no evidence the Respondent was guilty of laches or that the Appellants suffered prejudice from delay; the late Additional Affidavit was excluded for non-compliance with court direction. Consequently the appeal was dismissed with costs.