PUSAT CITRA UNIVERSITI (CITRA UKM)

LMCE 1032 ACADEMIC COMMUNICATION III

CASE OUTLINE

TITLE: LEHA BINTE JUSOH V. AWANG JOHARI BIN HASHIM

PREPARED BY: NURUL NISA’ BINTI KHALID

SET: SET III

FACULTY: LAW FACULTY

PREPARED FOR: PUAN MARYAM BINTI MOHAMED AMIN

1. Name of the case
Leha binte Jusoh v. Awang Johari bin Hashim

a)Parties
-Leha Binte Jusoh (Appelant)
-Awang Jusoh Binti Johari (Respondent)

b) Year
1 June 1976

c) Judge
High Court : Syed Agil Barakbah
Federal Court : Ong Hock Sim
: Raja Azlan Shah
: Chang Min Tat
d) Court
High Court, Alor Setar
Federal Court, Penang

2. Statement of facts
The case is about a contract involved of a trustee Leha Binti Jusoh, (the appellant) and a
child underage , Awang Johari Binti Hashim (the respondent) which is the respondent
had make a contract with Mat Bin Jusoh. But before the contract were done, Mat bin
Jusoh had passed away. Yet, the appellant as Administratix of the Estate of Mat Bin
Jusoh hold deceased share in certain lands. Therefore, appellant act as respondent trustee
and hold respondent land on his behalf. But, the respondent is entitled to possession of
those portions occupied by him since 1 March 1952 pursuant to an agreement of sale
between the respondent as purchaser and the deceased as vendor.
3. Issue ( Question)
a) The respondent at the date of agreement, was in competent to contract, having
been born on 31 March 1937, it is null and void, and no specific performance
based thereon can be decreed.

4. Rule (Statement of Law)

. Capasity is a natural and juridical persons (legal persons) in general, determines
whether they may make binding amendments to their rights, duties and obligations,
such as getting married or merging, entering into contracts, making gifts, or writing a
valid will
There’s a few element that complete a capacity, which is :
Free consent : According to Section 11 of the Contracts Act 1950 provides that
“Every person is competent to contract, who is of the age of majority, according to
the law to which he is subject, and who is sound mind, and is not disqualified from
contracting by any law to which he is subject.” It means that the person who enters
into the contract must have the full capacity in terms of age and mind. The age of
majority in Malaysia is 18 years old.

Section 12 (1) of the Contract Act 1950 provides that “A person is said to be of
sound mind for the purpose of making a contract if, at the time when he makes it, he
is capable of understanding it and of forming a rational judgment as to its effect upon
his interests.

Child contract act, which is saying about a child cannot get involved into a contract
unless under a few other reason such as they can involve into insurance contract,
marriage contract and necessary contract.
The effect of making a contract with a child is it cannot be enforced , which is it is
void from earlier ( void ab initio).
5. Application (Court’s Rationale)
In case :
The Privy council in Mohori Bibee v. Dhumodas Ghose 30 IA 114 ruled that the
( Indian Contracts) Act makes it essential that all contracting parties should be
competent to contract and specifically enacts that a person incompetent to contract by
reason of infancy cannot make a contract within the meaning of the act.
In Contract Act 1950, Section 11 about who are competent to contract.

Every person is competent to contract who is of the age of maturity according to the
law to which he is subject and who is sound mind and is not disqualified from
contracts by any law which he is subject.

The Age of Majority Act has stated that , someone who is above 18 is an adult and
can get into contract while below 18 is a child and if they entered a contract, it is
automatically void.
Awang Jusoh is a boy on age 15, and this shows that he is incompetent to make a
contract.
This is shown by the Age of Majority Act and Indian Act that has stated , someone
who is above 18 is an adult and can get into contract while below 18 is a child and if
they entered a contract, it is automatically void.
He did not reach the age that allowed him to enter a contract unless under a few
reasons.
According to Contract act 1950, kids only allowed to entered a contract for a few
reasons which is marriage, sponsorship, work and insurance.
Meanwhile, Awang enter the contract for transaction for a land.
Bt somehow, he entered the contract and have paid full for the land.

6. Conclusion (Holding)

A contract that been entered by Awang is automatically void from the beginning of the
contract and his money shall be returned. The appeal dismissed.