Malaysia Case Law: Decisions & Judgments

Topic

Certificate of indebtedness

Legal area

Court

26 Feb 2026

KUWAIT FINANCE HOUSE (MALAYSIA) BERHAD 1. ) WSJ INTERNATIONAL SDN. BHD. 2. ) NOR RAIHAN BINTI AHMAD KAMARUDIN 3. ) IQBAL BIN MOHD AYUB 4. ) MOHAMED BASIR BIN MAIDIN 5. ) RASHID BIN MAIDIN 6. ) MOHAMED IDRIS BIN MOHAMED 7. ) MOHAMED IZHAR BI

Citation

WA-22M-233-04/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22M-233-04/2019 (Mahkamah Tinggi)

The court held that the letters of demand were duly served by posting and AR registered post; the guarantors were not released by the Settlement Letters because they were not parties and the condition precedent of full payment was not satisfied; KFH was entitled to proceed against the guarantors without realising other securities; the compensation fees claimed are ta'widh and not riba; the Certificate of Indebtedness and account statements constituted prima facie proof of the debt absent manifest error; equity did not bar enforcement. Accordingly judgment was entered for the plaintiff against…
29 Jan 2026

UNITED OVERSEAS BANK (MALAYSIA) BHD 1. ) ARISSTO (MALAYSIA) SDN BHD 2. ) LIM CHANG HUAT

Citation

BA-22NCC-199-10/2025 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCC-199-10/2025 (Mahkamah Tinggi)

The Personal Guarantee's express terms unambiguously preserved the guarantor's liability as principal debtor despite subsequent restructuring or variation of facilities; the 2nd Defendant failed to adduce probative evidence raising a triable issue that variations discharged liability or that the Certificate of Indebtedness was erroneous; summary judgment was therefore appropriate and granted.
28 Jan 2026

PAC LEASE BERHAD 1. ) PARAGRENE LAND BERHAD (DAHULUNYA DIKENALI SEBAGAI PARAGRENE LAND SDN. BHD.) 2. ) WAN NASIR BIN WAN MUSTAFHA 3. ) WAN NOR HAYATI BINTI WAN MUSTAFHA 4. ) GREGORY AMOS YOON PENG SUM

Citation

WA-22NCC-366-06/2025 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-366-06/2025 (Mahkamah Tinggi)

Defendants failed to raise any bona fide triable issues or to rebut the plaintiff's contemporaneous documentary evidence and statement of account; the guarantee's certificate of indebtedness clause renders the account conclusive absent manifest error or fraud; therefore summary judgment was warranted and entered for the plaintiff against the defendants.
26 Jan 2026

AMBANK (M) BERHAD 1. ) SD WORK SDN BHD 2. ) MD NAZIRUDDIN BIN MOHAMAD DAHLAN

Citation

TA-B52NCC-1-02/2023 (Mahkamah Sesyen)
Court

Sessions Court
Case number

TA-B52NCC-1-02/2023 (Mahkamah Sesyen)

Plaintiff's claim was dismissed because it failed to prove the claimed indebtedness: the critical account statements remained identification documents (ID) and were not admitted as exhibits due to non-compliance with s90A Evidence Act 1950 and absence of a certificate of indebtedness; therefore the plaintiff did not discharge the burden of proof on the amount claimed.
22 Jan 2026

SMALL MEDIUM ENTERPRISE DEVELOPMENT BANK MALAYSIA BERHAD (Dahulunya dikenali BANK PERUSAHAAN KECIL & SEDERHANA MALAYSIA BERHAD) 1. ) SD WORK SDN BHD 2. ) MD NAZIRUDDIN BIN MOHAMAD

Citation

TA-A52M-166-11/2023 (Mahkamah Sesyen)
Court

Sessions Court
Case number

TA-A52M-166-11/2023 (Mahkamah Sesyen)

Plaintiff satisfied the Order 14 prerequisites and proved indebtedness by producing a certificate/statement of indebtedness which is conclusive absent manifest error; defendants failed to demonstrate any manifest error or particularised meritorious defence or triable issue (their defences were bare denials and legal assertions concerning Shariah compliance and authority were unsupported); accordingly summary judgment under Order 14 was granted for the plaintiff and costs awarded to plaintiff.
14 Jan 2026

Majlis Amanah Rakyat (MARA) SHABRI BIN SULONG

Citation

WA-22M-131-02/2024 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22M-131-02/2024 (Mahkamah Tinggi)

The first action was dismissed as premature for failure to issue the termination notice required by the Facility Agreement; issuance and service of a valid termination notice thereafter created a new cause of action so res judicata does not bar the present claim; the contractual Certificate of Indebtedness is conclusive absent manifest error and establishes the Defendant's indebtedness of RM3,452,287.13 as at 15 January 2024.
22 Oct 2025

BOOST BANK BERHAD 1. ) SRI DAYAA MANUFACTURING SDN. BHD. 2. ) S.P. RAVICHANDRAN A/L S. PERIASAMY 3. ) LOGANATHAN A/L THIAGARAJAN

Citation

WA-B52NCC-1511-06/2025 (Mahkamah Sesyen)
Court

Sessions Court
Case number

WA-B52NCC-1511-06/2025 (Mahkamah Sesyen)

Plaintiff satisfied the Order 14 threshold (service, appearance, supporting affidavit and documentary proof including certificate of indebtedness and executed agreements); defendants failed to produce documentary evidence or raise a bona fide triable issue to rebut the prima facie indebtedness or to deny the guarantees; guarantors were consequently liable; therefore summary judgment was appropriate and granted with costs.
13 Oct 2025

ALLIANCE BANK MALAYSIA BERHAD MOHD HALIM WHY BIN ABDULLAH

Citation

WA-A72NCC-26996-06/2025 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

WA-A72NCC-26996-06/2025 (Mahkamah Majistret)

Plaintiff proved a prima facie debt by loan documentation, account statements and a Certificate of Indebtedness; defendant failed to present alternative figures or documentary evidence to raise a triable issue, therefore summary judgment was appropriate.
24 Sept 2025

KAWAN ENGINEERING SDN BHD 1. ) NYEW KAM CHENG 2. ) TAN MEE YUAN

Citation

BA-22NCC-159-11/2023 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCC-159-11/2023 (Mahkamah Tinggi)

The Letter of Guarantee was duly executed and enforceable against the Defendants; the alleged Loan & Caretaking Agreement was not binding on the Plaintiff and did not discharge the Defendants; although the Certificate of Indebtedness is not conclusive, the Plaintiff independently proved the quantum of RM2,326,676.05 on the balance of probabilities, so judgment is entered for the Plaintiff.
10 Sept 2025

MALAYAN BANKING BERHAD 1. ) CARZO FRUITS (M) SDN BHD 2. ) DELON LEE KEAN YIP 3. ) CHEONG WAI KEH

Citation

WA-B52NCC-1163-05/2025 (Mahkamah Sesyen)
Court

Sessions Court
Case number

WA-B52NCC-1163-05/2025 (Mahkamah Sesyen)

No triable issue existed: the certificate of indebtedness established the plaintiff's claim absent proof of manifest error; discrepancies in demand letter amounts did not vitiate the claim; signed loan agreements bind the signatories; guarantors are enforceable; summary judgment was therefore granted for the plaintiff.