CHOW CHEE KEONG THE REPUBLIC OF THE UNION OF MYANMAR

CHOW CHEE KEONG THE REPUBLIC OF THE UNION OF MYANMAR

Plaintiff was entitled to recover rent only from the date he became registered proprietor (12.1.2018) until delivery of vacant possession (4.1.2019) at RM28,000 per month; he was not entitled to claim rental arrears for periods when the sister (CCP) was the registered owner, and double rental was rejected because...

Source-derived case information.

Citation
WA-22NCvC-289-05/2018 (Mahkamah Tinggi)
Parties
Plaintiff: Chow Chee Keong; Defendant: The Republik of the Union of Myanmar
Court
High Court
Jurisdiction
Malaysia
Judgment Date
5 September 2022
Case Number
WA-22NCvC-289-05/2018 (Mahkamah Tinggi)
Procedural Posture
Civil / Trial Judgment
Outcome
Plaintiff's claim partially allowed; defendant liable for rent from 12.1.2018 to 4.1.2019; defendant's counterclaim dismissed
Legal Topics
Lease and Rent Arrears, Sale of Land, Privity of Contract, Issue Estoppel / Res Judicata, Specific Performance, Counterclaim for Deposit
Property Law Contract Law Equity Lease and Rent Arrears Sale of Land Privity of Contract Issue Estoppel / Res Judicata Specific Performance +1 more

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Parties

Chow Chee Keong

Plaintiff

The Republik of the Union of Myanmar

Defendant

Procedural Posture

Civil / Trial Judgment

  1. 1 Whether plaintiff entitled to claim rental arrears prior to registration as proprietor
  2. 2 Whether plaintiff can claim double rental (double rent) for period when no lease existed between plaintiff and defendant
  3. 3 Whether prior appellate decision operates as res judicata/issue estoppel

Ratio Decidendi

Plaintiff was entitled to recover rent only from the date he became registered proprietor (12.1.2018) until delivery of vacant possession (4.1.2019) at RM28,000 per month; he was not entitled to claim rental arrears for periods when the sister (CCP) was the registered owner, and double rental was rejected because there was no lease between plaintiff and defendant and privity prevents plaintiff from enforcing terms agreed between defendant and CCP; defendant's counterclaims against plaintiff failed for lack of evidence and indemnity obligations remained CCP's responsibility.

Court Disposition

Plaintiff's claim partially allowed; defendant liable for rent from 12.1.2018 to 4.1.2019; defendant's counterclaim dismissed

Orders

  • Paragraph 18(i) and (ii) of the Statement of Claim are academic.
  • Defendant to pay plaintiff rent at RM28,000.00 per month from 12.1.2018 until delivery of vacant possession on 4.1.2019.