31 Jan 2022
LUGENDRAN A/L SELVARAJA SARAN A/L BATHUMALAI PENCELAH ETIQA GENERAL TAKAFUL BERHAD
- Citation
- BK-A53KJ-126-06/2021 (Mahkamah Sesyen)
- Court
- Sessions Court
- Case number
- BK-A53KJ-126-06/2021 (Mahkamah Sesyen)
The court held that the plaintiff's affidavit deposed by its solicitor was inadmissible because it contained contentious facts and should have been sworn by the plaintiff; the applicant (insurer) demonstrated a timely bona fide prima facie case and, given its statutory exposure under s.96 RTA and the aim to avoid multiplicity and injustice, was entitled to intervene and be added as the second defendant under O.15 r.6 ROC 2012.