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COURT OF APPEAL PUTRAJAYA
CHRISTOPHER BANDI – Appellant
Versus
TUMBUNG NAKIS & ANOR; JAMIL SINDI (THIRD PARTY) – Respondent
| Table of Content |
|---|
| 1. nature of the appeal and procedural context. (Para 1 , 2 , 5) |
| 2. facts of the road accident and claims. (Para 3 , 4 , 6) |
| 3. arguments on appealability under section 3. (Para 7 , 8 , 9 , 10) |
| 4. interpretation of decision and appeal process. (Para 11 , 12 , 13 , 15) |
| 5. connecting previous case law and procedural implications. (Para 14 , 16 , 18) |
| 6. final decision and costs. (Para 21 , 22) |
[1] This is an appeal against the decision of the learned Judicial Commissioner in dismissing an appeal which arose from the decision of the learned Sessions Court Judge premised on a preliminary objection by the respondents and the third party that the matter before him was non-appealable. The Sessions Court Judge had dismissed the appellant's notice of application for leave to amend the statement of claim with costs of RM500.00.
[2] We heard the appeal on 11 March 2016 and reserved judgment to give due consideration to the submissions of the respective counsel. We have since done so and now give our decision together with our grounds.
Background Facts
[3] The appellant and the respondents were involved in an accident in which the appellant sued the respondents in t
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