Majlis Amanah Rakyat (MARA) v SHABRI BIN SULONG
Catchwords
Civil Procedure — Res judicata — Cause of action estoppel — Issue estoppel — Earlier action dismissed as premature — No termination notice issued under facility agreement — Whether dismissal on procedural ground bars subsequent action after valid termination notice — Whether new cause of action accrued — Doctrine not absolute — Whether injustice would result if applied Contract — Islamic financing — Qardhul Hasan facility — Termination of facility — Condition precedent to enforcement — Requirement of termination notice before entire sum becomes due and payable — Failure to terminate in earlier action — Whether subsequent termination crystallised debt Contract — Breach — Failure to make instalment payments — Default admitted — Whether plaintiff entitled to recover full outstanding sum after valid termination Evidence — Certificate of indebtedness — Conclusive evidence clause — Computer-generated certificate — Whether authorised officer must be called — Whether defendant proved manifest error Practice and Procedure — Abuse of process — Whether second action following dismissal of first action is abusive — Whether plaintiff merely curing procedural defect identified by court Estoppel — Res judicata — Public policy — Finality of litigation — Whether court may decline to apply doctrine where injustice would result Islamic Banking — Qardhul Hasan — Benevolent loan — Enforcement after default — Interaction between Shariah-based facility and civil procedural requirements
Practice Areas
Judges (1)
Case Significance
Majlis Amanah Rakyat (MARA) v SHABRI BIN SULONG is a High Court (Mahkamah Tinggi) decision dated January 13, 2026 (citation: wa-22m-131-02-2024). The case was decided by Yusrin Faidz bin Yusoff.
Key issues: Contract — Breach — Failure to make instalment payments — Default admitted — Whether plaintiff entitled to recover full outstanding sum after valid termination.
What was the outcome of Majlis Amanah Rakyat (MARA) v SHABRI BIN SULONG?
Majlis Amanah Rakyat (MARA) v SHABRI BIN SULONG is a High Court decision dated January 13, 2026. The case was heard by Yusrin Faidz bin Yusoff. See the full judgment for details.