LEE KEE HONG (No.K/P: 841207016541) KUMARAN A/L HARIHARAN [No.K/P: 730427086195]

LEE KEE HONG (No.K/P: 841207016541) KUMARAN A/L HARIHARAN [No.K/P: 730427086195]

Plaintiff was entitled to a partial summary judgment under Order 14 limited to an order for immediate delivery of vacant possession and transfer of title because defendant had no meritorious defence (issues were previously decided and defendant did not appeal) and compliance with the prior High Court judgment required disposal of possession despite other enforcement remedies ordinarily being under Order 45.

Citation
JA-A72NCVC-992-08/2019 (Mahkamah Majistret)
Parties
Plaintiff: LEE KEE HONG; Defendant: KUMARAN A/L HARIHARAN
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
19 October 2020
Case Number
JA-A72NCVC-992-08/2019 (Mahkamah Majistret)
Procedural Posture
Guaman Sivl (civil Suit) / Interlocutory Application for Summary Judgment Under Order 14 Kaedah Kaedah Mahkamah 2012
Outcome
Partial grant of plaintiff's Order 14 application; summary judgment granted limited to immediate delivery of vacant possession and title of the specified property; other prayers dismissed.
Legal Topics
Summary Judgment (order 14), Vacant Possession, Writ of Possession (order 45), Res Judicata / Stare Decisis, Compliance With Court Orders
Source Language
Malay/English
Civil Procedure Property Law Enforcement of Judgments Summary Judgment (order 14) Vacant Possession Writ of Possession (order 45) Res Judicata / Stare Decisis Compliance With Court Orders

Case Brief

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Parties

LEE KEE HONG

Plaintiff

KUMARAN A/L HARIHARAN

Defendant

Procedural Posture

Guaman Sivl (civil Suit) / Interlocutory Application for Summary Judgment Under Order 14 Kaedah Kaedah Mahkamah 2012

Legal Issues

  1. 1 Whether plaintiff is entitled to summary judgment under Order 14 to enforce a prior High Court judgment
  2. 2 Whether the defendant has any bona fide defence to the claim or part of the claim
  3. 3 Whether enforcement for possession of immovable property should proceed under Order 45 rather than by Order 14

Ratio Decidendi

Plaintiff was entitled to a partial summary judgment under Order 14 limited to an order for immediate delivery of vacant possession and transfer of title because defendant had no meritorious defence (issues were previously decided and defendant did not appeal) and compliance with the prior High Court judgment required disposal of possession despite other enforcement remedies ordinarily being under Order 45.

Court Disposition

Partial grant of plaintiff's Order 14 application; summary judgment granted limited to immediate delivery of vacant possession and title of the specified property; other prayers dismissed.

Orders

  • Defendant is ordered to immediately deliver and give vacant title and possession of HS(D) 396799 PTD 110538 (Geran No.475198 Lot 83313) Mukim Pulai, Daerah Johor Bahru, Negeri Johor to the Plaintiff.
  • All other reliefs sought in the Order 14 application are dismissed.