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2012 MarsdenLR 1678

HIGH COURT MALAYA PULAU PINANG
SHEIKH KHALED JASSEM MOHAMMAD JASSEM AL-THANI – Appellant
Versus
MERBOK HILIR BHD – Respondent


Table of Content
1. amendment of plaintiff's name in title. (Para 1)
2. court's discretion on proceedings of amendment. (Para 2 , 3)

[1] This appeal arose from an oral application by the plaintiff to amend the title and para 1 of the statement of claim in the course of the trial on 14 March 2012 during the examination-in-chief of the first and sole witness for the plaintiff. The amendment is on the name of the plaintiff in the title of the suit from 'Petroserv General Trading Establishment' to 'Sheikh Khaled Bin Jassem Bin Mohammad Jassem Al-Thani Berniaga Sebagai Petroserv General Trading Establishment' and in para 1 of the statement of claim by deleting the words 'sebuah syarikat yang diperbadankan di Doha, Qatar' and substituting it with 'seorang individu yang berniaga di bawah nama Petroserv General Trading Establishment'. This amendment is necessary as a firm cannot sued in its own name although it may be sued in such name. It must therefore be sued in the name of the sole proprietor of the firm; see Wee Tiang Kheng & Ors v. Ngu Nii Soon & Ors, 1989 MarsdenLR 1150 . The main ground of objection from the defendant is that the amendment, if allowed, will render their appeal against

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