25 May 2022
NIZAMUDDIN BIN ALI 1. ) RHB BANK BERHAD 2. ) LIM TAI MING & SONS SDN BHD
- Citation
- AA-A52-22-11/2021 (Mahkamah Sesyen)
- Court
- Sessions Court
- Case number
- AA-A52-22-11/2021 (Mahkamah Sesyen)
The court refused the plaintiff's amendment under Order 20 r.5(3) because the naming of RHB Bank Berhad (an entity separate from RHB Islamic Bank Berhad) caused reasonable doubt as to the identity of the party intended to be sued and thus was not a correctable genuine misnomer; consequently the defendant's application under Order 18 r.19 to strike out the claim against Defendant 1 for lack of privity was allowed. The plaintiff's amendment was dismissed with no order as to costs while the defendant's strike out application succeeded with costs awarded to Defendant 1 as recorded.