31 Mar 2022
1. ) MAHATHIR MOHAMMAD BIN MOHD ALI JINNAH 2. ) SAJITHA BEGAM BINTI MOHD ALI JINNAH 3. ) HULDHANA BEGUM BINTI MOHD ALI JINNAH JAGDISH SINGH A/L AMIR SINGH
- Citation
- WA-12ANCvC-196-06/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-12ANCvC-196-06/2021 (Mahkamah Tinggi)
The appeal was dismissed because the Current Suit raised issues identical or effectively the same as those litigated or which could and should have been litigated in the earlier Sessions Court suit (215); therefore the Current Suit is barred by res judicata in its narrow or wider sense as an abuse of process and the Sessions Court correctly struck it out; withdrawal of a counterclaim with liberty to file afresh did not immunize the new suit from a res judicata/abuse of process challenge.