1. ) ZEN COURTS SDN. BHD. 2. ) HOME EFFECT SDN. BHD. v 1. ) SABAH DEVELOPMENT BANK BERHAD 2. ) NG CHAN MAU & CO SDN. BHD.

wa-22ncvc-239-04-2025 High Court (Mahkamah Tinggi) 18 September 2025 • WA-22NCvC-239-04/2025

Catchwords

By way of Enclosure 52, the first defendant seeks from this court summary judgment against the plaintiffs on the first defendant's counterclaim in accordance with Order 14 rule 5 of the Rules of Court 2012 (“ROC”). In support of its application, the first defendant primarily relies on the decision of this Court given on 14 April 2025, where the defendants were allowed to strike out the plaintiff's Writ and Statement of Claim under Order 18 rule 19(1) of the ROC. With regard to this, the Court found that the plaintiffs are bound by the same decision, in which it was held that the plaintiffs have no proprietary rights to the properties. As a result, the plaintiffs do not have a defence to the first defendant's counterclaim, as there is no more triable issue for the Court to decide on. In light of this, summary judgment is allowed in favour of the first defendant as the correct party assigned with all rights, titles, and interests in and to the properties.

Practice Areas

Civil Procedure

Judges (1)

Raja Ahmad Mohzanuddin Shah bin Raja Mohzan Delivered

Parties (4)

HOME EFFECT Sdn Bhd Plaintiff NG CHAN MAU & CO Sdn Bhd Defendant Sabah Development Bank Berhad Defendant ZEN COURTS Sdn Bhd Plaintiff

Judgment

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Source: eJudgment (wa-22ncvc-239-04-2025)