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HIGH COURT MALAYA MALACCA
VOLTAN INSTALLATION & SERVICES AND ORS – Appellant
Versus
MOHD KAMARUZZAMAN GHANI – Respondent
| Table of Content |
|---|
| 1. appeal from sessions court decision (Para 1 , 2 , 3 , 4) |
| 2. background on plaintiff's claim and counterclaim (Para 6 , 7 , 10 , 11 , 12) |
| 3. reasons for sessions court judge's decision (Para 15 , 16 , 17 , 18) |
| 4. arguments presented by defendant (Para 19 , 20 , 21 , 22 , 23) |
| 5. findings on procedural avenues available for plaintiff (Para 24 , 25 , 26 , 27 , 28) |
| 6. assessment of late filing of record of appeal (Para 29 , 30 , 31) |
| 7. analysis of discretion in striking out claims (Para 32 , 33 , 34 , 35 , 36 , 37 , 38 , 39 , 40 , 41 , 42) |
Introduction
[1] Before me is an appeal from the decision of the Learned Sessions Court Judge (SCJ) made on 9 October 2023 in striking out the Plaintiffs' claim with cost. The SCJ also allowed the Defendant's counterclaim. The decision by the made pursuant to O 34 r 2(3) Rules of Court 2012 ( ROC 2012).
[2] For the ease of reference, Appellants will be referred as Plaintiffs (P) and Respondent will be referred as Defendant (D).
[3] P appealed against the decision of the SCJ to the High Court. After hearing both parties this Court allowed P's appeal and ordered that the case to be set for trial at the Sessi
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