4 Jan 2021
1. ) ARMADA TPCE SDN BHD 2. ) WASI KHAN @ WASIYU ZAMA BIN ISRAR AHMAD SMALL MEDIUM ENTERPRISE DEVELOPMENT BANK MALAYSIA BERHAD
- Citation
- WA-22M-58-01/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22M-58-01/2020 (Mahkamah Tinggi)
Plaintiff satisfied Order 14 requisites; the deponent had sufficient personal knowledge; the certified statement of indebtedness was binding and no manifest error was shown; alleged wrong payment and other factual disputes did not constitute bona fide triable issues because contractual priority, assignment and set-off provisions and absence of claim by the payer meant the bank's entitlement was unaffected; Commodity Murabahah financing documentation was valid and the guarantee was unconditional and enforceable, therefore summary judgment was appropriate against the 1st and 4th defendants.