JAKEL TRADING SDN BHD v TOKO HUDAYA

w-02ncvcw-1433-07-2022 Court of Appeal (Mahkamah Rayuan) 28 May 2025 • W-02(NCvC)(W)-1433-07/2022 • 5 min read

Catchwords

Appeal against the decision of the High Court dated 15 July 2022 after a full trial, allowing the Plaintiff's claim and dismissing the Defendant's counterclaim - Procedural issue relating to the amounts which were actually pleaded in the Amended Statement of Claim(SOC), the oral application to amend made during post-trial clarification and the absence of any evidence of a decision by the learned Judge to allow the oral application and absence of any formal order of amendment and the absence of any Re- Amended Writ and Re-Amended SOC to reflect the amounts that were eventually ordered by the learned Judge - Order 20 Rule 9 of the ROC - pleadings not amended within 14 days of the order granting leave to amend - Whether the order shall cease to have effect - Substantive issues on the Plaintiff's claim and Defendant's counterclaim - Whether the documents regarding the Plaintiff's indebtedness and the testimony of DW2 based on the records of the Defendant are relevant and admissable under section 73A(1)(a)(ii) of the Evidence Act 1950 - The Defendant's appeal is allowed in part and the Defendant's counterclaim is allowed.

Practice Areas

Appeal against the decision of the High Court dated 15 July 2022 after a full trial, allowing the Plaintiff's claim and dismissing the Defendant's counterclaim

Judges (3)

Ahmad Kamal bin Md. Shahid Delivered Azman bin Abdullah Coram S. Nantha Balan a/l E.s. Moorthy Coram

Parties (2)

JAKEL TRADING Sdn Bhd Appellant Toko Hudaya Respondent

Case Significance

JAKEL TRADING SDN BHD v TOKO HUDAYA is a Court of Appeal (Mahkamah Rayuan) decision dated May 28, 2025 (citation: w-02ncvcw-1433-07-2022). The panel comprised Ahmad Kamal bin Md. Shahid, Azman bin Abdullah and S. Nantha Balan a/l E.s. Moorthy, with Ahmad Kamal bin Md. Shahid delivering the judgment.

What was the outcome of JAKEL TRADING SDN BHD v TOKO HUDAYA?

JAKEL TRADING SDN BHD v TOKO HUDAYA is a Court of Appeal decision dated May 28, 2025. The case was heard by Ahmad Kamal bin Md. Shahid. See the full judgment for details.