03 Oct 2025

MLJ Alerts: Oct 2025 (Appellate Court)

The Malayan Law Journal Alerts is a complimentary blog series that brings the most recently published case reports powered by Lexis+® Malaysia.

Week 1 Updates

1. Kong Kin Lay & Ors v Kong Kin Siong & Ors [2025] 5 MLJ 891 [CA]

Coram SUPANG LIAN, AZIMAH OMAR AND WONG KIAN KHEONG JJCA
Catchwords Evidence — Adverse inference — Failure to adduce certain evidence
Outcome Appeal allowed; High Court’s decision set aside with costs of RM180,000 to be paid by respondents to first to sixth appellants, subject to allocatur fee.
Counsel Names

  • Manjit Kaur Gill (with Keeshantini a/p Baskeran and Lavinderdeep Singh) (Manjit Lavinder & Co) for the appellants.

  • Chok Zhin Theng (with Michelle Chin Zi Shan) (Cheah Teh Su) for the respondents.

2. The Attorney General of Malaysia v Dato’ Sri Mohd Najib bin Tun Hj Abdul Razak and another appeal [2025] 5 MLJ 944 [FC]

Coram HASNAH HASHIM CJ (MALAYA), ZABARIAH YUSOF AND HANIPAH FARIKULLAH FCJJ
Catchwords Evidence — Fresh or further evidence — On appeal
Outcome Appeals dismissed; COA’s decision affirmed except in respect of encl 50 which was partly allowed.
Counsel Names

  • Tan Sri Dato’ Mohd Dusuki bin Mokhtar (with Shamsul bin Bolhassan, Ahmad Hanir bin Hambaly @ Arwi, Nurhafizza bt Azizan, Safiyyah bt Omar, Ainna Sherina bt Saipolamin and Siti Nurfarhana Muhammad Azmi) (Attorney General’s Chambers) for the appellant.

  • Tan Sri Dr Muhammad Shafee bin Abdullah (with Muhammad Farhan bin Muhammad Shafee, Wan Muhammad Arfan bin Wan Othman, Nur Syafiqah bt Mohd Sofian, Naresh a/l Mayachandran, Tharrence Anthony (Pupil-in-Chambers) and Mohd Hafeez bin Rahim (Pupil-in-Chambers)) (Shafee & Co) for the respondent.

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