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2024 MarsdenLR 4256

HIGH COURT SABAH & SARAWAK SANDAKAN
NADRAH AYUNI MOHD YUSOP – Appellant
Versus
RAHMAN LAPODIN; RHB BANK BERHAD/RHB ISLAMIC BERHAD & ORS (GARNISHEES) – Respondent


Petitioner Advocates:Pg Amli Noraufe Datuk Hj Pg Nohin ,Respondent Advocate: Noor Ilienna Rahayu Ibrahim

JUDGMENT

Celestina Stuel Galid J:

Introduction

[1] The present appeal is by the Judgment Debtor ("JD") against the decision of the Magistrates' Court in granting the Garnishee Order Absolute dated 29 September 2023 wherein the 2nd Garnishee, Maybank Islamic Berhad was ordered to pay to the Judgment Creditor ("JC") the sums of RM8,635.97 and RM31,330.54 and the 5th Garnishee, Ambank Islamic Berhad, the sum of RM22.00.

The Proceedings In The Court Below

[2] The JC had earlier on 8 March 2023, inter alia, obtained a judgment against the JD before the Magistrates' Court in the sum of RM62,248.25 and interest thereon.

[3] The JC thereafter applied for and obtained a Garnishee Order to Show Cause dated 21 June 2023 for the purpose of executing the said judgment.

This Court 's Decision

[4] It is pertinent to first consider the applicable statutory provision that is O 49 r 1 of the Rules of 2012 (" ROC 2012"). It provides that:

"(1) Where a person (who is referred to as "the judgment creditor" in this Order) has obtained a judgment or order for the payment of money by some other person (who is referred to as "the judgment debtor" in this Order), not being a judgment or order for the payment


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