Sample Of Writ Of Summon.docx

IN THE SESSIONS COURT AT LABUAN IN THE FEDERAL TERRITORY OF LABUAN Suit No: 22NCvC-01-435 of 2015 Between Jernih Equity Sdn Bhd (No. Syarikat: 593242-A) .....................................................................................Plaintiff and Tiara Labuan Hotel Sdn Bhd (No. Syarikat: 238435-X) ………………………………………………………. Defendant

WRIT OF SUMMONS To: Tiara Labuan Hotel Sdn Bhd No. 1 Tiara Labuan, Jalan Tanjung Batu, 87007 Labuan Federal Territory, Malaysia. We command you that within fourteen days (14) after the service of this writ on you, inclusive of the day of such service, you do cause an appearance to be entered for you in a cause at the suit of the Jernih Equity Sdn Bhd and take notice, that in default of your so doing the plaintiff may proceed therein to judgment and execution. WITNESS by YUSNA KHADIJAH BINTI MD YUSOP, Registrar of the Sessions Court of Labuan on the 31th day of January, 2015.

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Messrs. Nurul, Aqilah & Associates Plaintiff’s Solicitors

Registrar, Sessions Court of Labuan, Labuan Federal Territory

Memorandum to be subscribed on the Writ This writ may not be served more than six calendar months after the above date unless renewed by order of court. The defendant may appear hereto by entering an appearance either personally may, if he desires, enter his appearance by post, and the appropriate forms may be obtained by sending a Postal Order for RM …………. with an addressed envelope to the Registrar, Sessions Court of Labuan at Labuan Federal Territory. Endorsements to be made on writ before issue Endorsement of claim The plaintiff’s claims are for:(i)

Specific performance of the Sale and Purchase Agreement dated 25 November 2011, to sell the subject property by the defendant

(ii)

in favour of the Plaintiff. Alternatively, relief from forfeiture of the further paid sum monies to the Defendant amounting to RM 876,000 as agreed

(iii)

under the Agreement upon its termination. Such or other reliefs as this Honourable Court may deem fit and just.

And RM ……………. (or such sum as may be allowed on taxation for costs, and also, if the plaintiff obtains an order for substituted service, the further sum of RM ………………. (or such sum as may be allowed on taxation) Endorsement as to solicitor and address This Writ is issued by Ms. Noor Aqilah binti Daud of Messrs. Nurul, Aqilah & Associates, solicitor for the said plaintiff whose address at U0087, BA, Jalan Okk Awang Besar, Labuan Federal Territory, Malaysia. This writ is issued by the said plaintiff who resides at Brumby Centre, Lot 41, Jalan Muhibbah, 87000 Labuan Federal Territory, Malaysia.

Endorsed on the 31th of January 2015

Plaintiff’s Solicitors Messrs. Nurul, Aqilah & Associates

Process Server

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This Writ of Summons is filed by the solicitors for the plaintiff, Messrs. Nurul, Aqilah & Associates, advocates and solicitors for the said plaintiff whose address of service at U0087, BA, Jalan Okk Awang Besar, Labuan Federal Territory, Malaysia.

Ref

: NAA/0001(H)/Convey/01-2015/Jernih Equity

Tel No : 06-9522745 Fax No : 06-9555745 Endorsement as to service This Writ was served by Yusuf Alami by way of personal service by leaving a copy of it at the registered office of the defendant to Mr. Adam Loqman, who admitted to me that he was the director of the defendant’s office addressed at No. 1 Tiara Labuan, Jalan Tanjung Batu, 87007 Labuan Federal Territory, Malaysia, on the 31st day of January 2015. Endorsed the 31th January 2015 ……………… Process Server