We are a general practice law firm in Kota Kinabalu, Sabah. See our practice areas.

English, Bahasa Malaysia and Mandarin.

Send us an enquiry through the form on our home page, or email general@usmanandpartners.com. We will reply with the next steps.

Please make an appointment first. This lets us check for conflicts of interest and make sure a lawyer is free to see you.

Yes. We meet clients in person at our office or by video call.

No. You become our client only after we confirm it in writing.

Bring your identity card or passport, and any documents about your matter, such as letters, agreements or court papers.

No. Many disputes can be settled by negotiation, mediation or collaborative practice. Court is one of several options.

Yes. We act in matters in other parts of Sabah, including Keningau and the interior.

Monday to Friday, 9.00 am to 4.00 pm. We are closed on weekends and public holidays.

A joint petition is filed by husband and wife together, when both agree to divorce. You also agree on the terms, such as custody, maintenance and the division of property. It is usually the faster and cheaper route.

A single petition is filed by one spouse alone, when the other does not agree to the divorce, or cannot be found. You must prove that the marriage has broken down and cannot be repaired.

You must prove one of these facts:

• your spouse committed adultery, and you find it intolerable to live with them;
• your spouse behaved in a way that you cannot reasonably be expected to live with;
• your spouse deserted you for at least two years; or
• you have lived apart for at least two years.

In most cases, yes. You must first refer the matter to a conciliatory body, which is usually the marriage tribunal. There are exceptions, for example where your spouse has deserted you and cannot be found.

The court can allow other ways to serve the papers, such as a newspaper advertisement. In some cases, the court can excuse service altogether.

For either type of petition, you must usually wait two years from the date of marriage. The court allows an earlier petition only in exceptional cases.

For non-Muslims, the Law Reform (Marriage and Divorce) Act 1976, and the case is heard in the High Court. For Muslims, divorce is dealt with by the Syariah Court.

The court decides based on the welfare of the child. This is the main consideration.

Yes. If both spouses later reach agreement, the matter can proceed by consent. Mediation or collaborative practice can help you get there.

Probate is granted when the person who died left a valid will. Letters of administration are granted when there is no will.

Banks, land offices and companies will usually not release the deceased’s assets without a grant from the court.

If there is a will, the executor named in it applies. If there is no will, a close family member, such as the spouse or a child, usually applies.

The death certificate, the will (if any), identity documents of the applicants, and documents for each asset, such as land titles, bank statements and share certificates.

This depends on the size of the estate and whether the family agrees. A matter with no disputes is usually faster.

Disputes over an estate can often be settled by mediation before anyone goes to court.

A will lets you choose who receives your property and who manages your estate. It can also make the process faster and cheaper for your family.

It depends on your risk, your partners and your plans. The main difference is liability. In a sole proprietorship or a partnership, the owners are personally liable for the business’s debts. In a private limited company (Sdn Bhd), the company is a separate legal person, and the shareholders’ liability is generally limited to the amount they put in.

A company (Sdn Bhd) is incorporated with the Companies Commission of Malaysia (SSM). For a sole proprietorship or partnership in Sabah, the main step is usually a trade licence from the local council.

At least one director, who must live in Malaysia, and at least one shareholder. The same person can be both. The company must also appoint a qualified company secretary within 30 days of incorporation.

An annual return with SSM, and audited financial statements, each within set time limits. The chart above shows the main deadlines. Missing them can lead to fines for the company and its directors.

It is strongly advised. A partnership or shareholders’ agreement sets out who puts in what, who decides what, how profits are shared, and what happens if someone wants to leave or dies.

A company set up to hold and manage a family’s assets, such as land or shares, under clear rules. It can help with succession, so that the family’s wealth passes on in an orderly way.

Yes. A lawyer can check that the contract says what you agreed, and point out risks before you sign. It is cheaper to fix a contract before signing than to dispute it later.

A lawyer who acts as your business’s in-house legal adviser on an ongoing basis, without you having to hire a full-time lawyer.

No. Shareholder and partnership disputes can often be settled by negotiation or mediation. This also protects the business while the dispute is sorted out.

The Labour Ordinance (Sabah Cap. 67) covers wages, working hours, leave and other basic terms. The Industrial Relations Act 1967 covers unfair dismissal. Both apply in Sabah.

If you believe you were dismissed without just cause or excuse, you can file a complaint with the Industrial Relations Department. You must do this within 60 days of your dismissal. If you miss this deadline, you may lose your right to claim.

The Department calls both sides to a conciliation meeting to try to reach a settlement. If there is no settlement, the case goes to the Industrial Court, which decides whether the dismissal was fair.

If your employer seriously breached your contract, for example by cutting your pay or demoting you without reason, you may treat yourself as dismissed. This is called constructive dismissal. You must act promptly. Get advice before you resign.

You can file a claim with the Labour Department in Sabah, which can hear and decide wage claims. You can also send a letter of demand to your employer first.

Keep your employment contract or offer letter, payslips, bank statements showing your pay, letters and messages from your employer, and any warning or termination letter.

Yes, but you must follow a fair process. Usually, this means giving the worker written notice of the charges, a fair chance to answer them, and, for serious charges, a domestic inquiry before you decide.

Yes. A clear written contract and staff handbook set out each side’s rights and duties, and help prevent disputes later.

Yes. Many employment disputes are settled by negotiation or mediation, which is often faster and less costly for both sides.

Usually, a letter of demand. It sets out what is owed and gives a deadline to pay. Many debts are paid at this stage, without going to court.

It depends mainly on the amount:

• Magistrates’ Court: claims up to RM100,000
• Sessions Court: claims up to RM1 million
• High Court: claims above RM1 million

Some matters, such as disputes over land titles, must go to the High Court whatever the amount.

Yes. In Sabah, time limits are set by the Limitation Ordinance (Sabah Cap. 72), which is different from the law in Peninsular Malaysia. Some claims must be filed within a few years. If you wait too long, you may lose the right to sue. Get advice early.

The other side is served with the papers and may file a defence. The court then manages the case and fixes a trial date. At trial, both sides give evidence, and the judge decides.

Yes, at any stage. Courts also encourage mediation. A settlement can be recorded as a consent judgment.

A judgment can be enforced. The options include:

• seizing and selling the debtor’s property;
• ordering a bank or another party holding the debtor’s money to pay it to you (garnishee);
• calling the debtor to court to explain how they will pay (judgment debtor summons); or
• bankruptcy for an individual, or winding up for a company.

A claim for loss caused by someone who failed to take reasonable care, for example in a road accident, or by a professional who did careless work.

All agreements, invoices, receipts, bank records, letters, messages and photos. Write down dates and events while you still remember them clearly.

In general, the court may order the losing side to pay part of the winning side’s legal costs. This is usually not the full amount spent.

• You must be told why you are arrested.
• You have the right to contact a family member or friend, and to consult a lawyer.
• You must be brought before a magistrate within 24 hours, not counting travel time.

You must answer truthfully, but you do not have to say anything that may show you are guilty. Ask to speak to a lawyer first.

The police may ask a magistrate to keep you in custody while they investigate. Remand is limited to a maximum of 7 days, or 14 days for more serious offences. A lawyer can oppose the remand application.

Bail lets you go home while your case is pending, usually with a sum of money paid as security and a surety, who is a person who promises that you will attend court. For some offences, bail is a right. For others, the court decides.

The charge is read to you in court, and you are asked to plead. You may plead guilty, or claim trial, which means you deny the charge and the prosecution must prove it.

Do not decide before you get advice. A guilty plea leads to a conviction and a sentence. A lawyer can check the charge and the evidence, and advise you on your options.

Legal aid may be available for people who cannot afford a lawyer, especially at the remand and bail stages. Ask for help as early as possible.

For many traffic offences, you can pay a compound, if one is offered, and the matter ends there. For serious offences, such as driving without insurance, the court may also suspend or cancel your licence.

Yes. You must usually file a notice of appeal within 14 days of the decision. If you miss this deadline, you may lose your right to appeal.

Within 14 days of the birth. The father must register it. If he cannot, the mother, or another person present at the birth, must do so.

• Within 42 days: the Registrar may register the birth on payment of a fee.
• After 42 days: the entry is marked “LATE REGISTRATION”.
• After 12 months: the birth can only be registered with the written approval of the Regional Registrar.

It is a record of the birth. But to use it as evidence, for example in court, a first-class magistrate must first confirm that the facts in it are true. Anyone with an interest can apply to the magistrate for this.

A factual error can be corrected by the Registrar. You need a statutory declaration from two people who know the true facts, and you pay a fee. In Sabah, the law does not require a court order for this.

Yes. After 12 months, a fee applies. After 7 years, you also need a statutory declaration explaining the delay. After 11 years, the name can no longer be added this way.

In Sabah, yes, if the father and mother register the birth together as joint informants.

A child applies for a MyKad at the National Registration Department at the age of 12. A birth certificate is usually needed.

In some cases, yes, under Ministry of Education rules. See our article on this.

The worker needs a valid work pass for Sabah before starting work. Employing a worker without a valid pass is an offence.

A way to ask the High Court to check whether a public body, such as a government department or a local council, made a decision lawfully. The court looks at how the decision was made, not at whether it was the best decision.

Usually, that the decision was:

• outside the body’s legal power (illegal);
• so unreasonable that no sensible body could have made it (irrational); or
• made unfairly, for example without giving you a chance to be heard (procedural unfairness).

Yes, and it is short. You must apply within 3 months of the date when the decision was first communicated to you.

In two stages. First, you must get the court’s permission (leave) to proceed. If leave is granted, the court then hears the full case.

It can cancel the decision, order the body to do its duty, stop it from acting unlawfully, or declare what the law is.

• From the Magistrates’ or Sessions Court to the High Court: 14 days.
• From the High Court to the Court of Appeal: 30 days.
• To the Federal Court: you usually need permission (leave), applied for within 30 days.

Usually 14 days from the decision.

Not by itself. If you need the judgment put on hold while you appeal, you must apply separately for a stay.

Generally, no. An appeal is decided on the record of the earlier case. New evidence is allowed only in limited cases.

A neutral person, the mediator, helps both sides talk and reach their own agreement. The mediator does not decide who is right.

Each side has its own lawyer. Everyone signs an agreement to settle without going to court. The parties, the lawyers and neutral professionals work together as one team to find a solution.

These are experts who work for both sides, not for one side:

• A financial neutral gathers the financial facts, explains them clearly to both sides, and helps work out options for dividing assets and paying support.
• A mental health professional helps both sides manage strong emotions, communicate calmly, and, where there are children, focus on what the children need.

They can be. In mediation, they may be brought in alongside the mediator when needed. In collaborative practice, they are a usual part of the team.

Both sides get the same clear facts about money, and help with the emotional side of the dispute. This builds trust and makes a lasting settlement more likely.

Both lawyers must step aside. If the matter then goes to court, each side must hire a new lawyer. This rule keeps everyone focused on settling.

In court, a judge decides, and the decision binds both sides. In mediation and collaborative practice, the two sides decide for themselves.

In general, yes. What is said in mediation is confidential and cannot usually be used later in court. There are some exceptions set by law.

Once both sides sign a settlement agreement, it is binding like any other contract. It can also be recorded as a court order.

Most civil disputes, including family, estate, business, employment and land disputes.

Yes. Mediation and collaborative practice do not take away your right to go to court.