28 Aug 2023
1. ) MOHD KHAIRUL HAQIMIE BIN KAMARUDDIN 2. ) Mohd Khairil Aizat Bin Kamaruddin 3. ) NUR KHAIRUN SYAZANA BINTI KAMARUDDIN 4. ) MOHD KAMAL IKHWAN BIN KAMARUDDIN 5. ) NUR KHAIRUNNISA ATIRAH BINTI KAMARUDDIN KAMARUDDIN BIN ABD RASHID
- Citation
- BA-24NCvC-730-04/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-24NCvC-730-04/2023 (Mahkamah Tinggi)
The originating summons was struck out/cancelled because the claim concerns a hibah (gift inter vivos) by a living Muslim donor and raises primary issues of Islamic law and disputed facts (different deed drafts, alleged undue influence, cancellation by donor) that fall within the exclusive or primary jurisdiction of the Syariah High Court; therefore the Civil High Court must decline to order specific performance/transfer until Syariah determination, and on the balance of probabilities the defendant satisfied the requirements to have the action dismissed as an abuse of process under O.18 r.19.