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HIGH COURT MALAYA MALACCA
VOLTAN INSTALLATION & SERVICES AND ORS – Appellant
Versus
MOHD KAMARUZZAMAN GHANI – Respondent
| Table of Content |
|---|
| 1. appeal process and court rules (Para 1 , 2 , 3 , 4 , 5) |
| 2. background facts of the case (Para 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14) |
| 3. judgment grounds and reasoning (Para 15 , 16 , 17 , 18) |
| 4. defendant's arguments against appeal (Para 19 , 20 , 21 , 22 , 23) |
| 5. court's observations and discretion in striking out (Para 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38 , 39 , 40 , 41 , 42) |
Introduction
[1] Before me is an appeal from the decision of the Learned Sessions Court Judge (SCJ) made on 9 October 2023 in striking out the Plaintiffs' claim with cost. The SCJ also allowed the Defendant's counterclaim. The decision by the made pursuant to O 34 r 2(3) Rules of Court 2012 ( ROC 2012).
[2] For the ease of reference, Appellants will be referred as Plaintiffs (P) and Respondent will be referred as Defendant (D).
[3] P appealed against the decision of the SCJ to the High Court. After hearing both parties this Court allowed P's appeal and ordered that the case to be set for trial at the Sessions Court.
[4] Not being satisfied with the decision, D has appealed to the Court of Appeal. I now give my reasons for my decision
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