2 Sept 2020
BANK MUAMALAT MALAYSIA BERHAD 1. ) WELLCOM COMMUNICATIONS (NS) SDN. BHD. 2. ) WELLCOM COMMUNICATIONS (M) SDN. BHD. 3. ) RANGKAIAN MINANG (NS) SDN BHD 4. ) VIJAYAKUMAR A/L RATNAVELU 5. ) MD. ISA BIN SALIM 6. ) JAMALUDIN BIN AHMAD
- Citation
- WA-22M-155-02/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22M-155-02/2020 (Mahkamah Tinggi)
Defendants established a genuine triable issue as to the validity and certainty of the Murabahah Sale Contract because the sale instrument expressly referenced a Purchase Requisition and Letter of Agency of the same date as the sale which were not produced; that uncertainty requires oral evidence and cross‑examination and precludes summary judgment. Because the primary liability of the 1st Defendant is contested, the 3rd Defendant cannot be held liable against summary judgment at this stage despite the Specific Debenture.