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2025 MarsdenLR 5143

HIGH COURT MALAYA SHAH ALAM
TETUAN ASIAH & HISAM – Appellant
Versus
MOHD SHAHFARIZAN MOHD ARIF – Respondent


Petitioner Advocates:Husna Azman ,Respondent Advocate: Muhammad Amirul Afiq Mohamad Lokman

JUDGMENT

Choong Yeow Choy JC:

Introduction

[1] This appeal serves as a reminder of a well-recognised reality in civil litigation: obtaining judgment is often only half the battle. A successful judgment creditor frequently faces further challenges in enforcing the judgment against an unwilling or uncooperative judgment debtor. The enforcement process, therefore, becomes a necessary but sometimes arduous continuation of the legal journey.

[2] In the present case, the judgment creditor invoked s 4 of the Debtors Act 1957 by initiating Judgment Debtor Summons proceedings to compel satisfaction of a judgment debt. Dissatisfied with the outcome of those proceedings, the judgment creditor has now brought this appeal to challenge the Order made by the learned Sessions Court Judge.

The Prevailing Issue

[3] The primary issue for determination in this appeal is whether there exists any valid ground for this Court to intervene and vary the Order made by the learned Sessions Court Judge pursuant to the Judgment Debtor Summons proceedings.

Background Facts And The Sessions Court 's Order

[4] On 5 May 2023, the appellant obtained a judgment in default of appearance against the respondent for the s


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