Court allows Sapura CEO to file objection over father’s ‘hibah’ claim

Shamsuddin Abdul Kadir, the 94-year-old Sapura founder, is seeking to revoke the grant of 14.85 million shares he allegedly made to son Shahril.

Shahril Shamsuddin’s lawyer said the defence will state in its affidavit that his father has no documentary evidence to support the ‘hibah’ claim and had waited 27 years before raising the matter.

PUTRAJAYA:

 The shariah high court has allowed Sapura Holdings Sdn Bhd group CEO Shahril Shamsuddin to file a preliminary objection to his father’s application to validate a hibah (gift or grant of property or assets) involving 14.85 million shares allegedly granted to him in 1997.

Judge Irwan Ismail made the ruling today after hearing submissions from lawyers representing Sapura Holdings founder Shamsuddin Abdul Kadir and his sons, Shahril and Shahriman, who are named as defendants.

Shahril’s counsel, Rafie Shafie, told the court the defence would state in its affidavit that Shamsuddin had no documentary evidence to support the hibah claim and had waited an unusually long period – 27 years – before raising the matter.

Rafie also argued that an exception applied as the shares involved now carried third-party interests and had become an integral part of the company’s equity structure.

The court fixed Feb 24 for mention.

Lawyers Shamsuriah Suilaiman and Suhaimi Saad represented Shamsuddin, while Fakhrul Azman Abu Hassan appeared for Shahriman.

The 94-year-old Sapura founder filed two applications: one to validate the hibah allegedly granted to both sons, and another to revoke the hibah made to Shahril.

Shamsuddin is alleged to have gifted 14.85 million shares each to Shahril and Shahriman in Sapura Holdings Sdn Bhd on Nov 7, 1997, as part of the hibah.

Shahriman did not contest the application.

Met outside court, Shahril said he was surprised the proceedings went ahead, as settlement negotiations, including related civil cases in the Kuala Lumpur High Court, had been progressing well.

“Nevertheless, my shariah counsel has advised me that we have a strong defence to these claims and are prepared to do what is necessary,” he said.

“I leave it to the Almighty and the courts to decide the equitability of these claims.”

Shahril said all parties had signed a term sheet to settle all disputes – shariah and civil – out of court and were at the final stages of completing the definitive agreements.

The civil suits involve Shamsuddin’s action against his two sons, Sapura Secured Technologies and Brothers Capital Sdn Bhd, for an alleged breach of a 2013 settlement agreement relating to unclaimed dividends. The suit was filed on Aug 14, 2025.

Another case involves a winding-up petition against Sapura Holdings Sdn Bhd filed by Shahriman, who claimed there had been an “irreparable breakdown in mutual trust and confidence” between him and Shahril. The petition was filed on Sept 23, 2024. - FMT