24 Jul 2019
1. ABDUL MALIK BIN SAID OMAR (Suing as the Administrator of the Estate of the late: (a) Norhuda Bt S Said (b) Katijah Bt S Abd (c) Maimunah Bt S Abd (d) Nor Bt S Said (e) Sefiah Bt S Said (f) S Ab Wahid Abd (g) Ab Salam B S Omar 2. FATHIYAH
- Citation
- S-02(IM)(NCVC)-1747-08/2018 (Mahkamah Rayuan)
- Court
- IM
- Case number
- S-02(IM)(NCVC)-1747-08/2018 (Mahkamah Rayuan)
The Court held that the 1st and 3rd appellants' claims were time-barred because knowledge of the alleged fraud was established by the police report of 1 August 2012, but the High Court erred in striking out the 2nd appellant's claim without determining when she became aware of the fraud; therefore the appeal is dismissed as to the 1st and 3rd appellants and allowed as to the 2nd appellant, with the High Court's order striking out the 2nd appellant set aside and the 2nd appellant's claim to proceed to trial to determine accrual and other triable issues.