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HIGH COURT MALAYA KUALA LUMPUR
JANNATH GANI & ORS – Appellant
Versus
JAMILAH SHEIKH DAUD & ORS – Respondent
| Table of Content |
|---|
| 1. application for striking out a claim. (Para 1 , 2 , 3 , 4) |
| 2. guidance on the standard for striking claims. (Para 5 , 6 , 7) |
| 3. need for trial on serious matters of fraud. (Para 8 , 9 , 10 , 11) |
| 4. clarification on non-appealabilty of certain matters. (Para 12) |
A. Introduction
[1] This is an application from 6th Defendant to strike out Plaintiffs Amended Writ and Amended Statement of Claim in encl 91 and Enclosure 92 respectively under O 18 r 19(1)(b), (c) and/or (d) Rules of 2012.
[2] After hearing parties on 23 February 2023, this Court is of the view that this is not a plain and obvious case where the powers to strike out the Plaintiffs' Statement of Claim should be allowed.
[3] I have considered the notice of application and the affidavits filed. I have also considered this application together with the application to amend the Statement of Claim filed by the Plaintiff.
[4] Having considered the totality of the evidence and arguments before me, as I have allowed to amend the Statement of Claim to add the causes of action that arose from the same facts, this application to strike out should be dismissed. The issues between the litigants ough
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