21 May 2024
1. ) MOHD YUSRI BIN TAWIL 2. ) AHMAD KHAIRUL KHAIR BIN MOHD YUSRI 3. ) AHMAD KHAIR AMAR BIN MOHD YUSRI 4. ) NURUL HAMIRA YUSMA BINTI MOHD YUSRI 5. ) NUR AQILA HANI BINTI MOHD SALLEH 6. ) MOHD KHAIRUIZAM BIN MOHD TAWIL 7. ) NURAINI BINTI TAW
- Citation
- BL-B52NCvC-25-11/2020 (Mahkamah Sesyen)
- Court
- Sessions Court
- Case number
- BL-B52NCvC-25-11/2020 (Mahkamah Sesyen)
The application to set aside the committal order was dismissed because the committal order was made after the court had heard and considered the merits (making the court functus officio), the proper remedy was an appeal rather than an application under Order 42 r.13, and the defendants exhibited inordinate delay of seven months without acceptable explanation; consequently the application was untenable and refused with costs RM2,000.00.