SHARIAsource

The plaintiff and co-defendant were siblings and had two properties. They also had a younger sibling. The third defendant issued a notice, dated 28 April 2015, regarding the repayment of IDR 231,675,504. The notice stated that if that sum had not been repaid by 25 May 2015, that the first and second defendants would sell the two properties at auction. The properties were subsequently sold, the plaintiff claiming that as a result he suffered both material and immaterial loss.

The plaintiff's claim failed for several reasons:

1. Formulaic errors meant the plaintiff and co-defendant's younger sibling was not enjoined as a party to the action; and
2. The plaintiff's action lacked a legal basis and clear reason, while it failed to explain the facts that gave rise to the action.