1. ) HJ ABDUL MANNAN ROMEL 2. ) Shayan Golden House (M) Sdn Bhd 1. ) NOH BIN AHMAD 2. ) MOHAMAD BIN CHE GHANI 3. ) ROSLI BIN ABD RAHMAN

1. ) HJ ABDUL MANNAN ROMEL 2. ) Shayan Golden House (M) Sdn Bhd 1. ) NOH BIN AHMAD 2. ) MOHAMAD BIN CHE GHANI 3. ) ROSLI BIN ABD RAHMAN

The court found on the balance of probabilities that the plaintiffs had been treated and acknowledged as the tenants by the defendants (invoices, notices) but that the plaintiffs materially breached the Tenancy Agreement by underpaying rent; the defendants validly terminated the tenancy. Consequently the plaintiffs' claim was dismissed and the defendants' counterclaim was allowed: defendants awarded vacant possession, arrears of RM46,000, ongoing rent at RM5,000 per month from September 2017 until delivery of vacant possession, interest at 5% p.a. on judgment and costs RM10,000.

Citation
AA-22NCvC-28-04/2019 (Mahkamah Tinggi)
Parties
Plaintiff (aa 22 Ncv C 28 04/2019); Defendant (aa 22 Ncv C 20 02/2020): HJ ABDUL MANNAN ROMEL; Plaintiff (aa 22 Ncv C 28 04/2019): SHAYAN GOLDEN HOUSE (M) SDN BHD; Defendant (aa 22 Ncv C 28 04/2019); Plaintiff (aa 22 Ncv C 20 02/2020): NOH BIN AHMAD; Defendant (aa 22 Ncv C 28 04/2019); Plaintiff (aa 22 Ncv C 20 02/2020): MOHAMAD BIN CHE GHANI; Defendant (aa 22 Ncv C 28 04/2019); Plaintiff (aa 22 Ncv C 20 02/2020): ROSLI BIN ABD RAHMAN; Defendant (aa 22 Ncv C 20 02/2020): NOOR HISSHAM BIN ABD AZIZ
Court
High Court
Jurisdiction
Malaysia
Judgment Date
11 August 2022
Case Number
AA-22NCvC-28-04/2019 (Mahkamah Tinggi)
Procedural Posture
Consolidated Civil Suits Concerning Tenancy and Possession / Judgment on Merits (grounds of Judgment)
Outcome
Plaintiffs' claim dismissed; Defendants' counterclaim allowed in part
Legal Topics
Termination of Tenancy, Breach of Contract, Vacant Possession, Damages and Quantum, Burden of Proof
Source Language
Malay/English
Land Law Contract Law Tenancy Law Remedies Evidence Termination of Tenancy Breach of Contract Vacant Possession +2 more

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Parties

HJ ABDUL MANNAN ROMEL

Plaintiff (aa 22 Ncv C 28 04/2019); Defendant (aa 22 Ncv C 20 02/2020)

SHAYAN GOLDEN HOUSE (M) SDN BHD

Plaintiff (aa 22 Ncv C 28 04/2019)

NOH BIN AHMAD

Defendant (aa 22 Ncv C 28 04/2019); Plaintiff (aa 22 Ncv C 20 02/2020)

MOHAMAD BIN CHE GHANI

Defendant (aa 22 Ncv C 28 04/2019); Plaintiff (aa 22 Ncv C 20 02/2020)

ROSLI BIN ABD RAHMAN

Defendant (aa 22 Ncv C 28 04/2019); Plaintiff (aa 22 Ncv C 20 02/2020)

NOOR HISSHAM BIN ABD AZIZ

Defendant (aa 22 Ncv C 20 02/2020)

Procedural Posture

Consolidated Civil Suits Concerning Tenancy and Possession / Judgment on Merits (grounds of Judgment)

Legal Issues

  1. 1 Whether the plaintiffs were entitled to remedies under the Tenancy Agreement
  2. 2 Whether the Tenancy Agreement was validly terminated
  3. 3 Whether the plaintiffs were entitled to damages/expenses and quantum

Ratio Decidendi

The court found on the balance of probabilities that the plaintiffs had been treated and acknowledged as the tenants by the defendants (invoices, notices) but that the plaintiffs materially breached the Tenancy Agreement by underpaying rent; the defendants validly terminated the tenancy. Consequently the plaintiffs' claim was dismissed and the defendants' counterclaim was allowed: defendants awarded vacant possession, arrears of RM46,000, ongoing rent at RM5,000 per month from September 2017 until delivery of vacant possession, interest at 5% p.a. on judgment and costs RM10,000.

Court Disposition

Plaintiffs' claim dismissed; Defendants' counterclaim allowed in part

Orders

  • Plaintiffs to vacate and deliver vacant possession of the Land
  • Defendants awarded RM46,000 as monies due and owing under the Tenancy Agreement (April 2016–August 2017)