7 Mar 2025
1. ) KAMARALZAMAN BIN IDRIS 2. ) NORMALA BINTI MOHD YATIM 1. ) OSMAN BIN ISMAIL 2. ) SITI SALMIAH BINTI ISMAIL 3. ) UMNI KALSUM BINTI ISMAIL 4. ) KAMARIAH BINTI MAIDEEN SHEIK 5. ) ISMAIL BIN IDRIS 6. ) Pentadbir Tanah Daerah Sepang 7. ) PEN
- Citation
- BA-22NCvC-448-11/2024 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-22NCvC-448-11/2024 (Mahkamah Tinggi)
The court found plaintiffs failed to demonstrate special circumstances to justify a second stay because the application replicated an earlier application the plaintiffs had been granted conditionally but failed to comply with; the allegations of fraud and 'new' facts were either known or could with reasonable diligence have been raised at trial and expert psychiatric evidence had been tested at the full hearing; matters concerning the validity of a wali fall within Syariah jurisdiction; accordingly the stay application was refused and the writ and statement were struck out as an abuse of proc…