1. ) ONG YEONG 2. ) LIM WEI CHET MANHATTAN MANAGEMENT SDN BHD

1. ) ONG YEONG 2. ) LIM WEI CHET MANHATTAN MANAGEMENT SDN BHD

Plaintiffs had knowledge of and accepted rental payments from sub-tenants after termination of the principal tenancy and remained silent; such conduct constituted or confirmed a landlord-tenant relationship and estopped plaintiffs from claiming tenant holding over, double rent or mesne profits; the amendment application was tactical and in bad faith and would not alter the character of the cause; accordingly the preliminary determination under O.14A r.1 and/or O.33 r.2 was correctly allowed and the amendment application correctly dismissed, so both appeals fail.

Citation
AA-12ANCvC-3-03/2022 (Mahkamah Tinggi)
Parties
Appellant/plaintiff: Ong Yeong; Appellant/plaintiff: Lim Wei Chet; Respondent/first Defendant: Manhattan Management Sdn Bhd; Defendant/second (sub Tenant Partner): Norhayati binti Ngah Ahmad; Defendant/third (sub Tenant Partner): Mohammad Izzul Shafiq bin Mat Jaafor
Court
High Court
Jurisdiction
Malaysia
Judgment Date
11 September 2023
Case Number
AA-12ANCvC-3-03/2022 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal From Sessions Court Interlocutory Rulings / Appeal on Interlocutory Applications (amendment and Preliminary Determination)
Outcome
Both appeals dismissed
Legal Topics
Tenancy, Sub Tenancy, Holding Over, Mesne Profits, Amendment of Pleadings, Preliminary Determination (o.14 a R.1, O.33 R.2), Estoppel by Acceptance of Rent, Duty to Investigate
Source Language
Malay/English
Landlord and Tenant Civil Procedure Contract Equity Tenancy Sub Tenancy Holding Over Mesne Profits +4 more

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Parties

Ong Yeong

Appellant/plaintiff

Lim Wei Chet

Appellant/plaintiff

Manhattan Management Sdn Bhd

Respondent/first Defendant

Norhayati binti Ngah Ahmad

Defendant/second (sub Tenant Partner)

Mohammad Izzul Shafiq bin Mat Jaafor

Defendant/third (sub Tenant Partner)

Procedural Posture

Civil Appeal From Sessions Court Interlocutory Rulings / Appeal on Interlocutory Applications (amendment and Preliminary Determination)

Legal Issues

  1. 1 Whether first defendant held over the tenancy after termination
  2. 2 Whether plaintiffs entitled to double rent under s.28(4) Civil Law Act 1956
  3. 3 Whether claim for mesne profits is maintainable when landlord accepted rent

Ratio Decidendi

Plaintiffs had knowledge of and accepted rental payments from sub-tenants after termination of the principal tenancy and remained silent; such conduct constituted or confirmed a landlord-tenant relationship and estopped plaintiffs from claiming tenant holding over, double rent or mesne profits; the amendment application was tactical and in bad faith and would not alter the character of the cause; accordingly the preliminary determination under O.14A r.1 and/or O.33 r.2 was correctly allowed and the amendment application correctly dismissed, so both appeals fail.

Court Disposition

Both appeals dismissed

Orders

  • Both appeals dismissed with costs of RM6,000.00 subject to the usual allocator
  • Lower court order allowing first defendant's application under O.14A r.1 and/or O.33 r.2 is upheld