6 Apr 2023
AMBANK (M) BERHAD HERMIE BIN MD. TAHIR
- Citation
- WA-12BM-1-06/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-12BM-1-06/2022 (Mahkamah Tinggi)
The appeal was partially allowed and a retrial ordered because the trial judge committed a grievous procedural error by deciding liability and dismissing the claim solely for absence of a Certificate of Indebtedness without first resolving the preliminary issue of the Appellant's locus standi and without considering material documents that were pleaded but not before the trial court; while absence of the certificate is fatal in principle, dismissal without determining locus standi and without the complete record required retrial.