FALCULTY OF BUSINESS AND MANAGEMENT DIPLOMA IN OFFICE MANAGEMENT

AND TECHNOLOGY

UITM ALOR GAJAH

SUBJECT: OBM 340 (PRINCIPLES OF CORPORATE COMPLIANCE)

PROGRAM CODE: BA118

CASE TITLE: AWAL ASHAARI & D’HAJA

GROUP MEMBERS:
NAME STUDENT ID

Muhammad Hariz bin Abdul Jamin 2019293568

Nur Ain Wahidah binti Mohd Azizi 2019203482

Muhammad Haziq Bin Hamzah 2019811664

Nurul Syahirah binti Mustafa 2019258328

LECTURER NAME: MADAM NUR FAITHZAH BINTI JAMIAN

DATE SUBMISSION: 28 DECEMBER 2022
Table of Content

NO. TOPIC PAGE NUMBER

1. Acknowledgement 3
2. Introduction 4
3. The Plaintiff and Defendant 5
4. Types of Defamation 6
5. Defamatory Statements and Elements 7
6. Court Decision 8
7. Conclusion 9
8. References 10

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Acknowledgment

All praise to Allah SWT for this opportunity for us to complete this grouping task. We

thank God for all the possibilities, trials and strength that have been showered us to finish

the assignment. During this process, we experienced so much, not only from the academic

side but from the personality aspect as well. We had to take the support and encouragement

of some esteemed grouping, who deserve our deepest gratitude, in preparing for our

assignment.

As we very pleased to complete this assignment, we would like to express our

gratitude to Madam Nur Faitzah Binti Jamian our lecturer for this subject Principle of

Corporate Compliance (OBM340) that has provided us a good guide for our assignment

during numerous consultations. In addition, we would like to thank our family and friend for

being our strength to complete this task since we had so challenges during this Movement

Control Order (MCO). They gave us so much support and time for us to always concentrate

to finish our task. Not only that, we are proudly mentioning our friend who are there through

thick and thin with us to fully complete this task. Thank you so much.

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Introduction

Based on our research this case had been took place in Kuala Lumpur which is Awal

Ashaari and his wife Scha Al-Yahya was received RM345,305 in damages after winning their

suit against textile supplier D'Haja Sdn Bhd. On April 2019, D'Haja has filed an appeal to set

aside the decision by the Sessions Court which ruled in favour of Awal, his real name is

Ahmad Awaluddin Ashaari and Scha (Sharifah Nor Azean Syed Mahadzir) against the

company over an alleged breach of contract with regard to the exclusive rights to distribute

the 'Bleu' and 'Maroon' branded perfumes.

However, they claimed D’haja as they had failed to fulfill their responsibility as on

how their agreement and also they failed to returning back 3215 amount of perfume which

said to be damaged and as well as they failed to provide record of sales transaction and

refusing to pay for the loses.

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The Plaintiff and Defendant

The case between Awal Ashaari and his wife Scha Al-Yahya and D’haja has started

in 30 April 2018 when they are sign the contract for 2 years about agreement for exclusive

perfume which name Bleu and Maroon. The contract has been signed from 11 October

2016 until 10 October 2018. This sued case happen when D’haja fail to complete the terms

and agreement. Besides that, D’haja fail to returned the rejected perfume in total 3,215 and

fail to provide the sales transaction and did not pay the total amount of loss.

In this case the plaintiff is Awal Ashaari (Ahmad Awaluddin Ashaari) and his wife

Scha Al-Yahya (Sharifah Nor Azean Syed Mahadzir). They want to sue D’haja companies

because the agreement between them is fail and they said D’haja companies did not follow

the contract. Other than that, the defendant of this case is D’haja companies and the lawyer

that represent them is Muzzammil Merican Hasnal Rezua Merican. The lawyer that

represent D’haja make appeal in 3 April 2019 at the court for reason of while allowing the

celebrity couple sue on 27 March 2019.

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Types of Defamation

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Defamatory

Defamation is the publication of statement which affects a person’s reputation in that it tends

to lower him in the estimation of right-thinking members of society generally by making them

avoid him

Elements of Defamation

In the suit which is Awal Ashaari and his wife Scha Al Yahya, plaintiffs allege entered into an

exclusive Bleu and Maroon perfume distribution agreement contract with textile supplier,

D’Haja on October 11, 2016 for two years until October 10, 2019. Other than that, both

plaintiffs however allege, D’Haja failed to perform its obligations in accordance with the basic

terms of the agreement other than failing to return 3,215 bottles of perfume allegedly

damaged, failing to provide records of sales transactions and refusing to pay the loss claim.

Statement of Defamatory

In this case Awal Ashaari and his wife Scha Al Yahya Celebrity couple Awal Ashaari and

Scha Alyahya succeeded in a lawsuit seeking RM345,305 in damages against perfume

distributor, D'Haja (M) Sdn Bhd. However, the court, allowed D'Haja's counterclaim and

ordered Awal Ashaari and his wife Scha Al Yahya to pay RM55,000 to the defendant after

finding that the plaintiff had breached the agreement by selling the perfume himself to

Brunei. Awal and Scha were represented by lawyer Datuk M Reza Hassan while D'Haja as

the defendant was represented by lawyer Datuk Hasnal Rezua Merican. In a statement,

Awal Ashaari and Scha Al-Yahya claimed that they entered into an agreement with D'Haja

for a period of two years from 11 October to 10 October 2016 and appointed the company

as the exclusive distributor for their perfume products.

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Court Decision

The High Court has proposed that the suit by celebrity couple Awal Ashaari and Scha

Al-Yahya against textile supplier D'Haja (Malaysia) Sdn Bhd be resolved amicably through a

mediation process. The pair had alleged breach of contract with regard to the exclusive

rights to distribute the 'Bleu' and 'Maroon' branded perfumes. Judicial Commissioner Datuk

Seri Latifah Mohd Tahar has asked both parties to discuss the best way to resolve the issue.

D'Haja's lawyer Hasnal Rezua has confirmed that the celebrity couple Awal and Scha have

accepted a proposal from the High Court for the parties to try and resolve their case through

mediation. The couple was awarded RM345,305 in damages after winning its suit against

D'Haja over the alleged breach of contract.

A court in Kuala Lumpur has ordered Awal and Scha, the owners of Bleu and Maroon

Perfume, to pay D'Haja an additional RM55,000 after finding that they broke a contract by

selling the perfume themselves to Brunei. The couple had entered into a two-year deal with

the textile supplier for exclusive distribution of the fragrances.

As conclusion, this case has been winning by the suit couple celebrity Awal Ashaari and his

wife Scha Al-Yahya by getting the award with the amount of RM 345,305. The decision has

been making by the High Court on 23 December 2019.

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Conclusion

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References

https://www.bharian.com.my/berita/kes/2021/01/776159/proses-mediasi-kes-saman-awal-
scha-dan-dhaja-ditetapkan-21-januari

https://www.malaymail.com/news/showbiz/2020/11/17/awal-scha-dhaja-lawsuit-
mediation-status-of-rm345305-damages-to-be-known-de/1923525

https://www.malaymail.com/news/showbiz/2020/11/17/awal-scha-dhaja-lawsuit-
mediation-status-of-rm345305-damages-to-be-known-de/1923525

https://www.sinarharian.com.my/article/20364/BERITA/Mahkamah/Awal-Ashaari-Scha-
Alyahya-menang-saman

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