Zaid time-barred from suing law firm he founded: court filing

 

Former law minister Zaid Ibrahim is statutorily time-barred from filing a suit against the law firm he founded in 1987, claimed a court filing.

A statement of defence by Messrs Zaid Ibrahim & Co claimed that this is due to Zaid only instituting the suit against last month, which is 12 years after he allegedly inked an agreement with the firm to relinquish all his interests, rights and assets in said firm.

On Nov 18, Zaid’s lawyers from law firm Messrs Suflan TH Liew & Partners filed a suit at the Kuala Lumpur High Court to stop Messrs Zaid Ibrahim & Co from using his name, among others.

Law firm Messrs Tommy Thomas filed the statement of defence on behalf of its client, Messrs Zaid Ibrahim & Co.

According to the court document dated Dec 2, the defendant alleged that the plaintiff in 2008 signed away, among others, his interests and rights to the name “Zaid Ibrahim & Co”.

“Neither the execution of the said 2008 agreement nor its performance has ever been questioned or challenged by the plaintiff until the institution of this suit in November 2020,” the law firm claimed.

“For 12 years from 2008 to September 2020, the plaintiff never asserted any claim or interest in the equity, goodwill, name or any part of the business of the firm.

“The plaintiff’s action herein filed on Nov 18, 2020, is therefore time-barred by the doctrine of limitation pursuant to Section 6 of the Limitation Act 1953. The defendant shall forthwith apply to have this action struck out by reason of limitation,” the law firm alleged.

After having been with the firm for 21 years, Zaid left in March 2008 to assume the post of minister of legal affairs and judicial reform then. He held the ministership until September the same year.

Section 6 of the Limitation Act states that generally, legal action shall only be filed within six years from the date that a cause of action accrued over a contract.

The law firm claimed that Zaid never asserted any claim or interest in the firm’s name even during his tenure as its consultant from July 2018 until October this year.

“As the plaintiff harboured political ambitions under the then Pakatan Harapan government, the plaintiff had specifically requested that his name not appear in the letterhead of the firm.

“The firm acceded to this request and accordingly did not place his name in its letterhead from July 2018 to October 2020, despite the plaintiff having rejoined as a consultant,” the firm alleged.

The firm contended that after March 2008, Zaid was never offered the position of being its equity partner and no equity in the firm was ever offered to him. It claimed that the plaintiff held the position of partner without equity.

The firm also denied the suit’s contention that the partnership was dissolved either through the sale of the plaintiff’s remainder equity in 2008 or through his termination as a partner on Nov 9 this year, among others. - Mkini