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What is an intitulement? What should an intitulement look like?

Statue or Rule of Court


State the short title of any enactment conferring jurisdiction to entertain the proceedings.

Set out the intitulement in clear and unambiguous terms and not leave it to the court to make a preference.

In the Court of Appeal case of Cheow Chew Khoon (t/a Cathay Hotel) v. Abdul Johari bin Abdul Rahman [1995] 1 MLJ 457, the Court held as follows:

An originating process requiring an intitulement must state, with sufficient particularity, either in its heading or in its body, the statute or rule of court under which the court is being moved, otherwise it would be an embarrassing pleading and may be liable to be struck out, unless sooner amended.

Examples


An example of an intitulement of an Originating Summons:
IN THE HIGH COURT IN MALAYA AT KUALA LUMPUR
(COMMERCIAL DIVISION)
ORIGINATING SUMMONS NO: 00AAA-000-2014
IN THE MATTER of Order 7 rule 2 and
Order 2 and Order 29 rule 1 Rules of
High Court 1980; and

IN THE MATTER of Order 92 rule 4 Rules
of High Court 1980; and

IN THE MATTER of Statutory Notice of
Demand pursuant to section 218(1)(e)
Companies Act 1965 against [COMPANY
NAME](Company No.: 00000000-A); and

IN THE MATTER of High Court at Kuala
Lumpur Originating Petition No:
A-00AA-000-2014
BETWEEN
[COMPANY NAME]
(Company No.: 00000000-A)
...PLAINTIFF
AND
[NAME OF DEFENDANT 1]
(NRIC NO.: 000000-00-0000)
[NAME OF DEFENDANT 2]
(NRIC NO.: 000000-00-0000)
...DEFENDANTS


An example of an intitulement of a civil appeal:
MALAYSIA IN THE HIGH COURT IN SABAH AND SARAWAK AT KOTA KINABALU
IN THE STATE OF SABAH
CIVIL APPEAL NO. 00A-00-2014
BETWEEN
ABC BANK BERHAD
(COMPANY NO.: 00000-A)
...APPELLANT
AND
[NAME OF DEFENDANT]
(NRIC NO.: 000000-00-0000)
...RESPONDENT


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Notes
Knowledge Base ID :   1537
Last Reviewed :   April 17, 2014
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