SITI RAMAH MOHD NOOR v Syed Faizal Shah Bin Syed Gulzar Ali Shah

ba-11bncvc-25-09-2024 High Court (Mahkamah Tinggi) 5 November 2025 • BA-11BNCvC-25-09/2024 • 16 min read

8 cases cited (0 SG, 8 foreign)

Outcome

For the reasons stated above, the Defendant’s appeal is dismissed in its entirety. The decision of the learned Magistrate delivered on 23.8.2024 is affirmed.

Quoted verbatim from the judgment of High Court (Mahkamah Tinggi) (ba-11bncvc-25-09-2024). Read the full judgment on the official Malaysia Courts portal for the complete decision.

Catchwords

Appeal from the Magistrate’s Court-Breach of Contract-Termination of Tenancy agreement-oral agreement-Plaintiff’s claim for balance renovation and repair costs, the refund of deposits and an overpaid water bill-Defendant’s counterclaim for balance rental, repair costs, and replacement items-appellate court to apply plainly wrong test-no appellate interference if the lower court has judicially appreciated the evidence led during trial-admissibility of ‘without prejudice’ letter- parties are bound by pleading-inconsistency oral testimony affects the credibility of the witness.

Practice Areas

Contract Landlord & Tenant

Judges (1)

Anita binti Harun Delivered

Counsel (5)

Azmi & Associates Firm Rabinder Budiman & Associates Firm Ammera binti Hadi Counsel Appellant Izzat Asyraf bin Zamri Counsel Appellant Rajwinjit Kaur Khalae a/p Ajit Singh Khalae Counsel Respondent

Parties (2)

Siti Ramah Mohd Noor Appellant Syed Faizal Shah bin Syed Gulzar Ali Shah Respondent

Cases Cited (8)

MY (8)

[1971] 2 MLJ 196 [1981] 2 MLJ 17 [1990] 2 MLJ 152 [2004] 4 CLJ 309 [2010] 9 CLJ 785 [2017] 4 MLJ 791 [2020] 12 MLJ 67 [2021] 3 CLJ 159

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (ba-11bncvc-25-09-2024)