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

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

Plaintiffs accepted and received rent from sub-tenants after termination, failed to verify cheque payments showing continuous receipt, and by silence and acceptance were estopped from claiming tenant holding over or mesne profits; the amendment application was filed in bad faith/tactically after facts were confirmed and would unfairly prejudice the defendant, therefore both appeals fail.

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

Case Brief

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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

Second Defendant / Partner of Fartisha Enterprise

Mohammad Izzul Shafiq bin Mat Jaafor

Third Defendant / Partner of Fartisha Enterprise

Procedural Posture

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

Legal Issues

  1. 1 Whether plaintiffs can claim vacant possession despite letter of 3/1/2019 and knowledge of sub-tenancies
  2. 2 Whether first defendant was a tenant holding over after termination and whether double rent under s.28(4) Civil Law Act 1956 is claimable
  3. 3 Whether claim for mesne profits is valid where plaintiffs accepted rent from sub-tenants

Ratio Decidendi

Plaintiffs accepted and received rent from sub-tenants after termination, failed to verify cheque payments showing continuous receipt, and by silence and acceptance were estopped from claiming tenant holding over or mesne profits; the amendment application was filed in bad faith/tactically after facts were confirmed and would unfairly prejudice the defendant, therefore both appeals fail.

Court Disposition

Both appeals dismissed

Orders

  • Both appeals dismissed by High Court
  • Costs awarded to respondent in the appeal: RM6,000 subject to usual allocator