SABAH DEVELOPMENT BANK BERHAD v YUHANIS KAMIL PIHAK KETIGA ALAM DINGIN SDN. BHD.

wa-22ncc-841-11-2024 High Court (Mahkamah Tinggi) 1 September 2025 • WA-22NCC-841-11/2024

Catchwords

Summary Judgment - Order 14 Rules of Court 2012 - Joint and Several Guarantee - Defence of substitution of guarantor - Conditions precedent for substitution not fulfilled - Burden of proof on defendant - Bare assertions without documentary evidence insufficient - Afterthought defence - Certificate of Indebtedness - Conclusive evidence clause - Third party proceedings not a defence unless third party has discharged claim - Joint and several liability - Not discharged by death, bankruptcy or insolvency of co-guarantors - Freedom of contract - Parties bound by contractual terms.

Practice Areas

Summary Judgment

Judges (1)

Wan Muhammad Amin bin Wan Yahya Delivered

Parties (3)

ALAM DINGIN Sdn Bhd Third Party Sabah Development Bank Berhad Plaintiff Yuhanis Kamil Defendant

Case Significance

SABAH DEVELOPMENT BANK BERHAD v YUHANIS KAMIL PIHAK KETIGA ALAM DINGIN SDN. BHD. is a High Court (Mahkamah Tinggi) decision dated September 1, 2025 (citation: wa-22ncc-841-11-2024). The case was decided by Wan Muhammad Amin bin Wan Yahya.

What was the outcome of SABAH DEVELOPMENT BANK BERHAD v YUHANIS KAMIL PIHAK KETIGA ALAM DINGIN SDN. BHD.?

SABAH DEVELOPMENT BANK BERHAD v YUHANIS KAMIL PIHAK KETIGA ALAM DINGIN SDN. BHD. is a High Court decision dated September 1, 2025. The case was heard by Wan Muhammad Amin bin Wan Yahya. See the full judgment for details.