ISMAIL BIN ABD RAHMAN KOTA AWANGAN SDN BHD

ISMAIL BIN ABD RAHMAN KOTA AWANGAN SDN BHD

Plaintif failed to prove the existence of an executed written lease (document P3 was an unsigned draft) and therefore failed to discharge the burden of proof; on the evidence the defendant gave adequate warnings and followed a reasonable, staged termination procedure, so termination was lawful; the plaintiff failed to substantiate claimed damages and the defendant failed to prove its counterclaim; accordingly the plaintiff's claim is dismissed and the defendant's counterclaim is dismissed with costs to the defendant.

Citation
CA-A72NCvC-307-12/2022 (Mahkamah Majistret)
Parties
Plaintif: Ismail bin Abd Rahman; Defendan: Kota Awangan Sdn Bhd
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
29 August 2025
Case Number
CA-A72NCvC-307-12/2022 (Mahkamah Majistret)
Procedural Posture
Guaman Sivill / Civil Claim (lease Dispute) / Judgment (trial Concluded)
Outcome
Plaintif's claim dismissed; Defendan's counterclaim dismissed; costs awarded to Defendan.
Legal Topics
Existence and Enforceability of Written Lease, Lawful Termination of Tenancy, Damages and Mitigation, Burden of Proof, Estoppel, Admissibility and Weight of Oral Evidence, Expert Evidence
Source Language
Malay/English
Contract Law Property/lease Law Civil Procedure Evidence Law Existence and Enforceability of Written Lease Lawful Termination of Tenancy Damages and Mitigation Burden of Proof +3 more

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Parties

Ismail bin Abd Rahman

Plaintif

Kota Awangan Sdn Bhd

Defendan

Procedural Posture

Guaman Sivill / Civil Claim (lease Dispute) / Judgment (trial Concluded)

Legal Issues

  1. 1 Whether a written lease agreement dated 22/02/2021 existed between the parties
  2. 2 Whether the defendant lawfully and procedurally validly terminated the tenancy
  3. 3 Whether the plaintiff proved entitlement to RM38,962.97 in damages

Ratio Decidendi

Plaintif failed to prove the existence of an executed written lease (document P3 was an unsigned draft) and therefore failed to discharge the burden of proof; on the evidence the defendant gave adequate warnings and followed a reasonable, staged termination procedure, so termination was lawful; the plaintiff failed to substantiate claimed damages and the defendant failed to prove its counterclaim; accordingly the plaintiff's claim is dismissed and the defendant's counterclaim is dismissed with costs to the defendant.

Court Disposition

Plaintif's claim dismissed; Defendan's counterclaim dismissed; costs awarded to Defendan.

Orders

  • Plaintif's claim is dismissed.
  • Defendan's counterclaim is dismissed.