
The three-member appeals court panel led by Justice Che Ruzima Ghazali handed down the ruling after hearing oral submissions from the counsel for both parties.
Also on the bench were Justices Wong Kian Kheong and Azahari Kamal Ramli.
“We are of the view that leave should be granted so the matter can be ventilated at the full appeal (hearing). The applicant has two weeks to file its appeal,” Che Ruzima said when announcing the unanimous decision of the court.
Earlier, lawyer Hadi Mukhlis, representing TNB, said one of the utility provider’s witnesses had testified during the trial that the respondent’s name and the identification number were in the customer management system.
“The witness categorically stated that the respondent was TNB’s registered customer and said that there was no mistake. He (the respondent) admitted his name was in the system,” he said.
In reply, lawyer Eshmael Shah Shahrudin, appearing for respondent Eazrie Hafizie Aris, insisted that TNB had wrongly sued his client for meter tampering. He said Eazrie never opened a TNB account for the supply of electricity to the house which incurred the charges.
Eshmael also said Eazrie had lost his identification card in July 2017 and lodged a police report over the matter, prior to being sued by the national power company.
In March this year, the Klang High Court dismissed TNB’s appeal from the lower court’s judgment.
Following today’s proceedings, TNB has been allowed to appeal the High Court’s decision.
In its suit, the national power company had accused Eazrie of meter tampering, and sought payment of RM26,811.75 in electricity charges.
Eazrie denied liability for the sum and brought a counterclaim against TNB for wrongfully accusing him of meter tampering.