Introduction

[1] There are two sets of appeal that went before the Court of Appeal relating to Bai Bithaman Ajil ("BBA") contracts in Islamic banking. The first set of appeal involves 11 Writs of Summons and one originating summons. They were heard together and decided by the Court of Appeal on 26 August 2009 and reported in Bank Islam Malaysia Bhd v. Lim Kok Hoe & Anor and Other Appeals, [2009] 6 CLJ 22 . The Court of Appeal held that a BBA contract is valid and enforceable and reversed an earlier decision of the High Court in Arab-Malaysian Finance Bhd v. Taman Ihsan Jaya Sdn Bhd & Ors; Koperasi Seri Kota Bukit Cheraka Bhd (Third Party) And Other Cases; [2008] 5 MLJ 631; [2009] 1 CLJ 419. Subsequent thereto all cases involving BBA contracts that were heard together thereat were