CIMB BANK BERHAD v 1. ) ISMAIL BIN JUSOH 2. ) HALIMAH BINTI ALI

ca-24ncvc-152-07-2025 High Court (Mahkamah Tinggi) 21 December 2025 • CA-24NCvC-152-07/2025

Catchwords

The Plaintiff is seeking leave to rectify and amend two security documents executed between the Plaintiff and D1 alone yet the case was filed against D1 & D2. It was discovered that there is no executed or enforceable contract between the Plaintiff and D2. D2 was not a party to the security documents or that she undertook any contractual obligation towards the Plaintiff. The Plaintiff’s claim rests on documents that D2 never signed and no pleaded facts establish an obligation on her part. Provisions relied upon by the Plaintiff’s solicitor presuppose the existence of a pre-existing legal obligation. In the present case, no such obligation exists on the part of D2 and the Plaintiff cannot rely on the statute to create an obligation where none exists. The Plaintiff’s application is therefore dismissed with no costs and the Plaintiff has since filed a notice of appeal against this decision

Practice Areas

Judges (1)

Samry bin Masri Delivered

Parties (3)

CIMB BANK BERHAD Applicant Halimah binti Ali Respondent Ismail bin Jusoh Respondent

Judgment

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Source: eJudgment (ca-24ncvc-152-07-2025)