Rohana Yusuf J

INTRODUCTION

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 Arab-Malaysian Finance Bhd v Taman Ihsan Jaya Sdn Bhd & Ors (Koperasi Seri Kota Bukit Cheraka Bhd, third party)

Another set of appeal came before another panel of the Court of Appeal on 20 October 2009. That panel followed its earlier decision and again the cases were sent to this court for determination of the quantum of plaintiff’s claim in the writs of summons, as well as the amount due under the originating summonses. The proceedings before me, which were actions in the second set of appeal, involve two writs of summons registered as D4–22A-263 of 2006 and D4–22A-195 of 2006, and two originating summonses registered as D4–22A-395 of 2005 and D4–22A-399 of 2005 respectively. Pursuant to the order of the Court of Appeal, parties were notified to appear before the learned deputy registrar