Mahkamah Rayuan- Putrajaya

A THOUGHT FOR THE DAY

EX DEBITO JUSTITIAE DEFINITION

A matter ex debito justiciae is one which a litigant is entitled merely upon the asking for it; as opposed to something which may be a matter of judicial discretion or determination.


The above application is usually related to set aside a Judgment In Default which was entered against the Defendants by the Plaintiffs. This is a tricky area. Some Defendants will deliberately evade service of the Summons and when Judgment is entered against them, only then will they show their faces and claim then the Judgment was not entered properly and  start quoting " ex debito justiciae - that  they have the right to set aside the Judgment.

FATIMA IS ADMITTED TO THE BAR

On the 14th of May, I  moved the call of Puan Fatima, chambering student in the law firm of  my learned friend-Mr.James. A Master is not allowed to move the call of his own student. But he is given the honour to robe  the petitioner.Cameras are not allowed inside the Court. But the caution said nothing about cameras outside. So I captured this scene right after 13 new lawyers were admitted to the Bar.

Congratulations- Peguam Fatima!!! Well Done!!

MAHKAMAH TINGGI KOTA KINABALU

LAWYER SWALLOWS ANOTHER LAWYER

As the New Scientist explains, Wobbegongs, aka carpet sharks, are silent predators, waiting at the bottom of the ocean floor for their prey to pass by
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 The above is what usually happens
(1)when the lawyers are half asleep in Court
(2) when the file papers are not in order
(3) quoting irrelevant cases in their submissions
                                                   

Thought for the day.

Prepare your argument strategy and compile the facts before addressing the Judge. If you can persuasively demonstrate to the Yang Arif -the main battle is done.Leave the decision  to the Judge.After this you are free-even if you lose you have done your part.  
Some advice from a Senior litigation lawyer I met in Court today.
P.S. For me personally, losing is always accompanied with a bad feeling. I try not to lose, but  sometimes Clients lie to us when we ask  the relevant documents.[of course, before filing the Summons, they are always apt to say that they have the possession of the relevant documents...but when the time comes to file the Bundle Of Documents- then suddenly it is "missing, misplaced or simply-sudah hilang- I  already buat laporan polis".

The safer approach would  be not to fall for the Clients Crap.Insist on getting all the relevant documents BEFORE filing the Summons. This is the only (?)way to avoid an angry quarrel with your Client later on.