PUTRAJAYA, Dec 2 —The Court of Appeal has ordered entrepreneur Datuk Seri Aliff Syukri Kamarzaman to pay RM10,000 in nominal damages to two of his former business partners over a breach of a settlement agreement.
A three-judge panel led by Justice Datuk Azizul Azmi Adnan allowed the appeal by Iylia Nurdiyana Jasny and Mohd Syazwan Roslan, setting aside earlier rulings by the Sessions Court and High Court that had rejected their suit against him.
Justice Azizul said the court was of the view that Aliff had failed to fulfil his obligation to promote the couple’s restaurant three months after the contract was signed.
However, he noted that the appellants had failed to prove that the claimed damages were caused by the accused's failure to promote the restaurant, and the court therefore awarded only nominal damages of RM10,000.
The panel, which also included Justices Datuk Ahmad Fairuz Zainol Abidin and Datin Paduka Evrol Mariette Peters, further ordered Aliff to pay legal costs of RM30,000.
Iylia and Syazwan, owners of Belanga Bonda Kitchen, had filed a lawsuit seeking a declaration that an agreement signed with the accused when they were co-owners of Rumah Makan Terlajak Laris had been terminated. They also sought the return of RM285,000 paid to Aliff.
On December 6, 2018, the accused, together with nominee Noorazlina Othman and Iylia, signed an agreement to use his name and concept for a restaurant venture.
The agreement stipulated that Aliff would sell the Rumah Makan Terlajak Laris business in Kota Damansara to the couple for RM285,000 and promote the restaurant on his social media throughout the contract period.
However, Iylia and Syazwan claimed that three months after the purchase, he had not performed any of the promotional duties required under the agreement, resulting in a decline in the restaurant’s sales.
In his amended statement of defence, the accused maintained that he had fulfilled the terms of the settlement agreement and promoted the restaurant on social media as agreed.
On July 11, 2023, the Sessions Court ruled against the couple’s suit, and the High Court upheld that decision on July 2 last year.
During the proceedings at the Court of Appeal, Muhammad Azraai Mohamed Yunos, Fozi Addhwa Mohamad Fozi, and Thaqif Hadif Ahmad Taju’d-din acted on behalf of Iylia and Syazwan, while Hasshahari Johari Mawi and Mohd Rosly Khady Ayub Khan represented Aliff.
