Back
COURT OF APPEAL , PUTRAJAYA
TENGKU ISMAIL TENGKU SULAIMAN & ORS – Appellant
Versus
SIA CHENG SOON & ANOR – Respondent
JUDGMENT
Zaleha Zahari JCA:
[1] The sole issue in this appeal is whether it was open to the defendants (respondents before us), in the circumstances of the present case, to raise the plea that the claim of the plaintiffs (appellants before us) was time-barred pursuant to s. 7(5) of the Civil Law Act 1956 (the Act) .
[2] This case arose from an accident on 11 December 1993 involving motor van No. JCH 3146 and motor lorry No. JCC 5590. More than four years after the date of the accident, ie, on 6 December 1997, the plaintiffs filed the action which is the subject matter of this appeal pursuant to s. 7 of the Act . The defendants filed their statement of defence on 27 February 1998. Limitation was not raised as an issue in the defence filed.
[3] The case had proceeded to full trial before the Sessions Court on 31 May 2000 at the conclusion of which the Sessions Court Judge directed that written submissions be filed. In their written submissions the defendants' counsel raised the issue of limitation for the first time; that the plaintiffs' claim was time barred as it was filed out of the time frame prescribed by s. 7(5) of the Act .
[4] On this issue of limitation the Sessions Court Judge
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
