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2026 MarsdenLR 265155

HIGH COURT (KOTA KINABALU)
FARIDZ GOHIM ABDULLAH, JC
Donnis Jikut (trading under the name and style of PP Engineering) – Appellant
Versus
Brothers Construction (Malaysia) Sdn Bhd – Respondent


Advocates:
Chen Wen Jye (Ram Singh Harbans & Co) for the plaintiff.
Song Wei Wan (Korventt & Song) for the defendant.

Faridz Gohim Abdullah JC:

GROUND OF DECISION

(Preliminary objection for non-compliance of Order 55 rule 4 of ROC

Introduction

[1]On the 26th September 2023, I delivered my brief ruling pertaining to the preliminary objection by the Respondents solicitor against the Appellants Record of Appeal for non compliance with Order 55 rule 4 of the Rules of Court 2012

[2]Dissatisfied with my decision, the Appellant filed a notice of appeal dated the 4th October 2023 against the whole of my decision.

[3]I now give my grounds for the said decision.

Background of preliminary objection

[4]On the 20th September 2023, the Respondents solicitor raised a preliminary objection pertaining to the Record of Appeal that was filed and served by the Appellants solicitor.

[5]The preliminary objection was premised on the grounds that the Record of Appeal filed by the Appellants solicitor failed to comply with the mandatory requirements stipulated under Order 55 rule 4(1)(h) and rule 4(8) of the Rules of Court 2012ROC) and ought to be struck out.

The Appellants documents

[6]The following are the documents that were filed by the Appellants solicitor pertaining to his appeal against the decision of the learned Sessions Co

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