GAN GEOK DUAN MANOJAYAN A/L RAJAMANI

GAN GEOK DUAN MANOJAYAN A/L RAJAMANI

The writ of distress was properly issued under s.5 of the Distress Act 1951; the defendant's substantive grounds based on absence of a written tenancy were unreasonable given the evidence of an agreed tenancy and the defendant's contribution to its informality; the defendant's late filing of a replying affidavit was...

Source-derived case information.

Citation
BA-76-50-06/2025 (Mahkamah Majistret)
Parties
Plaintiff: Gan Geok Duan; Defendant: Manojayan A/L Rajamani
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
25 September 2025
Case Number
BA-76-50-06/2025 (Mahkamah Majistret)
Procedural Posture
Magistrate Court Civil Writ of Distress Proceedings / Decision on Defendant's Applications to Set Aside and to Suspend Writ; Appeal Filed to High Court by Defendant
Outcome
Defendant's applications to set aside the writ of distress and to suspend its execution were dismissed; defendant's replying affidavit was expunged; costs awarded to plaintiff.
Legal Topics
Writ of Distress, Setting Aside Writ, Suspension of Execution, Strike Out/expunge Affidavit, Abuse of Process, Costs
Landlord and Tenant Civil Procedure Execution/distress Writ of Distress Setting Aside Writ Suspension of Execution Strike Out/expunge Affidavit Abuse of Process +1 more

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Parties

Gan Geok Duan

Plaintiff

Manojayan A/L Rajamani

Defendant

Procedural Posture

Magistrate Court Civil Writ of Distress Proceedings / Decision on Defendant's Applications to Set Aside and to Suspend Writ; Appeal Filed to High Court by Defendant

  1. 1 Whether the writ of distress was validly issued under the Distress Act 1951
  2. 2 Whether the defendant's application to set aside the writ and to suspend execution should be allowed
  3. 3 Whether the defendant's late filing of a replying affidavit justified expunging it as an abuse of court process

Ratio Decidendi

The writ of distress was properly issued under s.5 of the Distress Act 1951; the defendant's substantive grounds based on absence of a written tenancy were unreasonable given the evidence of an agreed tenancy and the defendant's contribution to its informality; the defendant's late filing of a replying affidavit was an abuse of process and was expunged; accordingly both applications to set aside the writ and to suspend execution were dismissed with costs.

Court Disposition

Defendant's applications to set aside the writ of distress and to suspend its execution were dismissed; defendant's replying affidavit was expunged; costs awarded to plaintiff.

Orders

  • Application to set aside writ of distress dismissed with costs RM1000
  • Application to suspend execution of writ of distress dismissed with costs RM1000