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4 in Amanah win bid to strike out PAS suit over properties

 | November 20, 2017

The legal tussle is over two units of shop lots in the Batu area.

gavel-amanah-pasKUALA LUMPUR: The High Court here today allowed an application by four Amanah members to strike out a suit by PAS and its Batu divisional leader Azhar Yahya for the return of two units of shop lots in Batu.

Judge Ahmad Zaidi Ibrahim made the decision in chambers in the presence of lawyers Ahmad Zamri Asa’ad Khuzami, representing the four Amanah members, and Wan Rohimi Wan Daud, who appeared for PAS and Azhar.

Rosden Mohd Yassin, M Suhaimi A Rahaman, Ismail Yahaya and Jamhor Nawawi are the four defendants named in the suit filed last July 20.

Zamri, when met by reporters, said the court allowed the application by the Amanah members on the grounds that Azhar and the Batu PAS did not have the locus standi to file the action and ordered them to pay costs of RM3,000 to the four defendants.

However, the suit filed by the first plaintiff, Md Mansor Ali, the owner of the properties, against the four defendants would proceed, with Jan 24 fixed for case management.

Mansor, Azhar and PAS filed the suit to demand the return of the two shoplots, as well as all documents on the properties, as well as exemplary damages, costs and interest.

In the statement of claim, it was stated that Azhar and Batu PAS had bought the two shop lots in 2001 for RM250,000 and ownership of the properties was transferred to Mansor as the trustee, who also applied for a loan from Bank Islam Malaysia Berhad (BIMB) for the purchase of the properties.

The plaintiffs also claimed that at the time, all the four defendants were Batu PAS committee members for the term 2013/2015 and were also appointed trustees of the properties.

However, following a crisis in PAS prior to the party’s 61st general assembly in 2015, about 16 of the committee members, including the four defendants left the party and joined Amanah.

The plaintiffs claimed that in November 2014, Batu PAS received a letter of demand from BIMB on the arrears in monthly instalments, following which the party requested the four defendants resolve the matter with the bank.

They claimed the defendants withdrew about RM15,000 each to settle the debts with the bank, which was estimated at RM57,766, and then sold the property belonging to PAS without the party’s permission.


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