6 Feb 2024
GELIGA UNIK SDN BHD AMIR MUKMIN HASSANI BIN HASSAN
- Citation
- DA-22NCvC-26-04/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- DA-22NCvC-26-04/2023 (Mahkamah Tinggi)
The application for summary disposal under Order 14A/Order 33 was dismissed because there are disputed material facts interwoven with issues of law — specifically the actual date of grant, whether the Registrar had knowledge of an effective caveat at the time of grant, and whether Plaintiff or Defendant is entitled to administer the estate — which require a full trial with viva voce evidence and cross-examination; summary determination on affidavit evidence alone would be inappropriate.