4.

2 Courts Jurisdiction

QUESTION 1
Ali was libeled in an article in a foreign journal distributed in West Malaysia. Ali has
instructed Gapoh to commence action against the publishers of the journal located in Manila
and the writer of the article who resides in Hong Kong. Advise Gapoh as to whether the
action can be commenced in the High Court in Kuala Lumpur.
(5 marks)

QUESTION 2
ABC Sdn Bhd is a subsidiary of XYZ Bhd. Ping and Pong had been directors of XYZ Bhd
since 1996. In June 2015, Eveready Bank lends RM220.000 with compound interest at 10%
per annum to ABC Sdn Bhd. The loan was to be paid with interest on or before 30th June
2019. XYZ Bhd, Ping and Pong were the sureties for the said loan. To date, ABC Sdn Bhd
has not paid any part of the loan or interest. All attempts by Eveready Bank to get the
principal borrower or the sureties to pay the above sum have failed. Consider in which court
should, Eveready commence its action. Give reasons for your answer.
(5 marks)

QUESTION 3
Ahmad was awarded a scholarship by Simen Bank Bhd to read law in consideration that he
was required to serve Simen Bank Bhd for 8 years failing which he was to pay Simen Bank
Bhd a liquidated amount of RM200,000. Upon graduation and he works with the Simen Bank
Bhd but left the service of the bank after 4 years. Simen Bank Bhd took out a writ in the High
Court in 2020, claiming the sum of RM200,000. The learned Judge struck out the writ on the
ground it had no jurisdiction to hear matters within the jurisdiction over the matter. Simen
Bank Bhd appealed and assuming that you are the appellate judge gives your decision on
the appeal.
(5 marks)

QUESTION 4
Pauline intended to file a civil suit for damages amounting to RM80 for a statement made by
Jay during a general meeting of the Persatuan Penducuk Flat Bahagia. She said that the
statement had smeared her reputations. Jay was the chairman of the said association. She
had appointed you to represent her claim damages of RM80 000 from Jay. With reference to

© Mohd Yunus Bin Abu Samah Ijazah Sarjana Muda Undang-Undang (Kep.)/LW224
Fakulti Undang-Undang, UiTM
M/Pelajaran : Advance Civil Procedure I Tarikh Kuatkuasa : 1hb. September 2020
Kod : LAW602 No Keluaran : 1
Bahagian : 01 Muka Surat :
 4.2 Courts Jurisdiction

statutory provisions and judicial precedents, where shall the suit be filed?
(5 marks)

QUESTION 5
A entered into a sale and purchase agreement for the purchase of a plot of land in NIlai for
RM150, 000 from B. The parties agreed that the completion date of the agreement is six
months from the date of the agreement. By then the purchaser shall pay the purchase price
and delivery of vacant possession. The agreement was executed by the parties in Kuala
Lumpur. B had to come to Kuala Lumpur from his resident in Kota Bharu to execute the
agreement.

B failed to transfer the title in the land to A within the six months period. A intended to sue B
for damages, specific performance and/or the return of the deposit. Which court has
jurisdiction to adjudicate the matters.
(5 marks)

© Mohd Yunus Bin Abu Samah Ijazah Sarjana Muda Undang-Undang (Kep.)/LW224
Fakulti Undang-Undang, UiTM
M/Pelajaran : Advance Civil Procedure I Tarikh Kuatkuasa : 1hb. September 2020
Kod : LAW602 No Keluaran : 1
Bahagian : 01 Muka Surat :