30 May 2024
ABU HANIPAH BIN MALEK
- Citation
- CB-24NCvC-37-02/2024 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- CB-24NCvC-37-02/2024 (Mahkamah Tinggi)
High Court has jurisdiction to hear and grant an application for presumption of death under s108 Evidence Act 1950 on originating summons ex parte even where no other proceedings are pending, provided sufficient affidavits and exhibits establish that the person has not been heard of by those who would naturally have heard of them for seven years or more; on the facts, the court was satisfied that Jeriah binti Abdul Rahman had not been heard of for over seven years and declared her deceased.