KUALA LUMPUR – The high court will make a ruling on a suit filed by a businessman against his business partner and former Jepak Holdings Sdn Bhd managing director over payment in relation to a solar project for 369 rural schools in Sarawak after a full trial.
This comes after judge Datuk Ahmad Bache dismissed Rayyan Radzwill Abdullah’s application for a summary judgment of his suit against Saidi Abang Samsudin, and rejected Saidi’s request to strike out the suit.
A summary judgment is when a court decides a case without hearing witness testimonies.
Rayyan, 42, filed the suit on February 29 last year, claiming that Saidi failed to pay him RM9 million for services rendered.
Dismissing the application, Ahmad said he is satisfied that Saidi, as the defendant, raised bona fide triable issues in the case, and should be allowed to defend himself in a full trial.
He said the triable issues include Saidi’s contention that Rayyan, as the plaintiff, failed to prove the existence of an oral agreement.
“The defendant argued that the plaintiff failed to prove the existence of an oral agreement, whereby the plaintiff relied on the ‘without prejudice’ letter as an admission, when the letter itself is arguably not admissible under the Evidence Act.
“This is a valid and bona fide triable issue for the parties to argue and ventilate. For the foregoing reasons, the plaintiff’s application for a summary judgment is dismissed without any order as to cost.”
On Saidi’s application to strike out the suit, Ahmad said if it is granted, Rayyan would not have his day in court.
“For the defendant, he still has his second bite of the cherry, as even if the application is disallowed, the trial will proceed, and he will have his day in court. Hence, such an application should be allowed only sparingly.”
Rayyan’s lawyer, Ravee G. Uthirapathy, told reporters that the judge made the ruling today, and the decision was sent to both parties through email.
February 8 has been fixed for case management via e-review.
In his statement of claim, Rayyan said in early 2016, Saidi, 62, appointed him as an adviser to obtain and prepare working papers for the solar project, and in return, the defendant promised to pay a fee of RM10 million upon the project being secured.
Rayyan said on December 10 the same year, Saidi obtained the project, valued at RM1.25 billion, from the Education Ministry as a result of his efforts, and on August 10, 2017, Saidi paid him RM1 million.
He is seeking the remaining RM9 million, as well as RM20 million in damages due to loss of investment opportunities, general damages, interest and costs.
Saidi, in his defence statement filed on April 6 last year, denied having appointed the plaintiff as an adviser.
He also filed a counterclaim against Rayyan for the immediate return of the RM1 million paid.
Rayyan and Saidi are prosecution witnesses in the trial of Datin Seri Rosmah Mansor, the wife of former prime minister Datuk Seri Najib Razak.
She faces a charge of soliciting RM187.5 million, and two counts of receiving bribes totalling RM6.5 million, in relation to the solar project. – Bernama, January 13, 2021
