AL SAKB CAPITAL BERHAD v 1. ) RAHMAN BROTHERS AUTOMOTIVE SDN. BHD. 2. ) RABIATUL ADAWIYAH BTE ABDUL RAHMAN
Catchwords
Contract – Musharakah agreement – Nature and proof of claim – Plaintiff suing for breach – Whether claim proven on balance of probabilities – Plaintiff founding case on agreement – Obligation to abide by all material terms – Loss-sharing as defining characteristic of musharakah – Plaintiff claiming fixed returns without accounting for venture losses – Failure to discharge legal burden of proof – Claim dismissed. Contract – Prematurity of action – Settlement and extension of time – Binding variation – Acceleration clause – Whether action maintainable when filed before extended due date – Plaintiff invoking general acceleration clause for “any breach” – Clause 2.7 of extension letter – Whether triggered by mere non-payment before maturity date – Principle that acceleration clause requires breach of substantive obligation – No breach of covenant alleged prior to suit – Action held premature and struck out. Illegality – Moneylending – Sham transaction – Allegation that musharakah agreement a disguise for unlicensed moneylending – Defence of illegality – Whether agreement void ab initio – Burden of proof – Factors considered: fixed periodic payments, informal references to “loan”, absence of licence – Whether sufficient to displace written terms of formal agreement – Court finding illegality not proven – Observation that claim disposed of on prematurity and failure of proof – Unnecessary to make conclusive finding on illegality.
Practice Areas
Judges (1)
Case Significance
AL SAKB CAPITAL BERHAD v 1. ) RAHMAN BROTHERS AUTOMOTIVE SDN. BHD. 2. ) RABIA... is a High Court (Mahkamah Tinggi) decision dated November 24, 2025 (citation: wa-22m-1624-10-2023). The case was decided by Yusrin Faidz bin Yusoff.
What was the outcome of AL SAKB CAPITAL BERHAD v 1. ) RAHMAN BROTHERS AUTOMOTIVE SDN. BHD. 2. ) RABIA...?
AL SAKB CAPITAL BERHAD v 1. ) RAHMAN BROTHERS AUTOMOTIVE SDN. BHD. 2. ) RABIA... is a High Court decision dated November 24, 2025. The case was heard by Yusrin Faidz bin Yusoff. See the full judgment for details.