Malaysia Case Law: Decisions & Judgments

Topic

Commodity murabahah

Legal area

Court

14 Jan 2026

MAYBANK ISLAMIC BERHAD 1. ) EUROASIA FRONTIER SDN BHD 2. ) ERNA HARYANI BINTI AHMAD 3. ) SAIFULBAHRI BIN MOHAMED 4. ) NORAZLINA BINTI ALIAS 5. ) MD YASERI BIN MOHD ROHAM

Citation

BI-A52M-1-01/2025 (Mahkamah Sesyen)
Court

Sessions Court
Case number

BI-A52M-1-01/2025 (Mahkamah Sesyen)

The court found that Defendants fourth and fifth, having been directors and guarantors at the material time, had no meritorious defence to the claim under the Guarantee Agreement dated 11.8.2020; their denial of signature or knowledge was a bare denial insufficient to raise a triable issue, therefore summary judgment was granted for the plaintiff and costs awarded.
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.
14 Dec 2020

1. ) MEGA FIRST MARKETING SDN BHD 2. ) PHANG CHEU PING MAYBANK ISLAMIC BERHAD

Citation

WA-22M-266-07/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22M-266-07/2020 (Mahkamah Tinggi)

The writ and statement of claim were struck out because the Plaintiffs sought to relitigate issues that could and should have been raised to set aside a Sessions Court default judgment, constituting res judicata and abuse of process; contemporaneous contract documents and agency provisions demonstrate the Murabahah transactions and defeat the constructive trust claim, rendering the pleaded claims frivolous, vexatious and unsustainable under O.18 r.19 ROC 2012; no mandatory SAC reference arose.

Malaysia Case Law

MAYBANK ISLAMIC BERHAD 1. ) EUROASIA FRONTIER SDN BHD 2. ) ERNA HARYANI BINTI AHMAD 3. ) SAIFULBAHRI BIN MOHAMED 4. ) NORAZLINA BINTI ALIAS 5. ) MD YASERI BIN MOHD ROHAM

1. ) ARMADA TPCE SDN BHD 2. ) WASI KHAN @ WASIYU ZAMA BIN ISRAR AHMAD SMALL MEDIUM ENTERPRISE DEVELOPMENT BANK MALAYSIA BERHAD

1. ) MEGA FIRST MARKETING SDN BHD 2. ) PHANG CHEU PING MAYBANK ISLAMIC BERHAD