1. ) NOOR LIYANA BINTI AHMAD MARZUKI 2. ) MUHAMMAD NAJIB BIN ABU BAKAR v MOHD FADLI BIN MOHAMED SALLEH @ SALLEH
Catchwords
By way of Enclosure 8, the defendant is seeking leave from this court to file a Reply to Defence to Counterclaim. The purpose of this is to reply to the plaintiffs' Reply to Defence and Defence to Counterclaim. Before going into the merits of the application, the parties have agreed for the Court to decide on a preliminary issue raised by the defendant by way of a preliminary objection. On this, the plaintiffs argue that the affidavit in support of Enclosure 8 and its affidavit in reply were both affirmed by the learned solicitor for the defendant. There was no affidavit filed by the defendant. To this end, the Court finds that upon perusing both affidavits, which were drafted pursuant to the facts contained in the draft Reply to Defence to Counterclaim, the affidavits could not have been drafted without the facts that were available personally and in the knowledge of the defendant. Therefore, the Court finds that there are no valid affidavits filed in support of Enclosure 8.
Practice Areas
By way of Enclosure 8, the defendant is seeking leave from this court to file a Reply to Defence to Counterclaim. The purpose of this is to reply to the plaintiffs' Reply to Defence and Defence to Counterclaim. Before going into the merits of the application, the parties have agreed for the Court to decide on a preliminary issue raised by the defendant by way of a preliminary objection. On this, the plaintiffs argue that the affidavit in support of Enclosure 8 and its affidavit in reply were both affirmed by the learned solicitor for the defendant. There was no affidavit filed by the defendant. To this end, the Court finds that upon perusing both affidavits, which were drafted pursuant to the facts contained in the draft Reply to Defence to Counterclaim, the affidavits could not have been drafted without the facts that were available personally and in the knowledge of the defendant. Therefore, the Court finds that there are no valid affidavits filed in support of Enclosure 8.
Case Significance
1. ) NOOR LIYANA BINTI AHMAD MARZUKI 2. ) MUHAMMAD NAJIB BIN ABU BAKAR v MOHD... is a High Court (Mahkamah Tinggi) decision dated August 13, 2025 (citation: wa-23cy-11-04-2025). The case was decided by Raja Ahmad Mohzanuddin Shah bin Raja Mohzan.
What was the outcome of 1. ) NOOR LIYANA BINTI AHMAD MARZUKI 2. ) MUHAMMAD NAJIB BIN ABU BAKAR v MOHD...?
1. ) NOOR LIYANA BINTI AHMAD MARZUKI 2. ) MUHAMMAD NAJIB BIN ABU BAKAR v MOHD... is a High Court decision dated August 13, 2025. The case was heard by Raja Ahmad Mohzanuddin Shah bin Raja Mohzan. See the full judgment for details.