Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Abandonment/estoppel due to delay
  • 27 Oct 2025

    NG KIAN TEK NG HUI JOO

    Citation
    MC-A72-5-04/2025 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    MC-A72-5-04/2025 (Mahkamah Majistret)

    Plaintiff's claim in conversion was dismissed because he failed to prove the essential elements of conversion (no evidence of possession or right to immediate possession, no proof that three 50g bars existed or were sold as alleged, and no proof of ownership of funeral donations), and because an inordinate unexplained delay of over three years estopped the Plaintiff and amounted to abandonment of any claim; additionally Plaintiff lacked locus to sue in his personal capacity for funds forming part of the deceased's estate.