27 May 2025
MOHAMMED SHAIPUDIN BIN ABDUL BASIR 1. ) YANG BERBAHAGIA DATO HAJI MOHD FAUZI BIN HAJI YATIM 2. ) MOHD RIZAL BIN JOHARI 3. ) KAPTEN (B) HAJI ABU HASSAN
- Citation
- BA-24NCvC-546-03/2025 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-24NCvC-546-03/2025 (Mahkamah Tinggi)
The originating summons was fatally defective for failing to comply with the mandatory intitulement requirement to state the statutory provision or rule relied upon (Order 7 r 2(1A) KKM 2012 and authorities). The defects and the presence of substantial disputes of fact made the originating summons inappropriate and an abuse of process; accordingly the ex‑parte injunction was set aside and the originating summons was struck out (with damages to be assessed) and related interim application dismissed, with costs to defendants.