OMNIX (M) SDN BHD 1. ) JABATAN AGAMA ISLAM SELANGOR 2. ) PANCAR BAKTI SDN BHD

OMNIX (M) SDN BHD 1. ) JABATAN AGAMA ISLAM SELANGOR 2. ) PANCAR BAKTI SDN BHD

Consent judgment between Plaintiff and First Defendant and the evidence established that the tenancy agreements for the disputed sites are valid, subsisting and binding; Plaintiff is not a trespasser; Second Defendant is not a lawful tenant of the ten contested sites and is therefore injuncted from interfering with Plaintiff's peaceful enjoyment and business operations at the sites; costs awarded to Plaintiff RM5000.

Citation
BA-22NCvC-324-08/2022 (Mahkamah Tinggi)
Parties
Plaintiff: OMNIX (M) SDN BHD; First Defendant: JABATAN AGAMA ISLAM SELANGOR; Second Defendant: PANCAR BAKTI SDN BHD
Court
High Court
Jurisdiction
Malaysia
Judgment Date
16 October 2023
Case Number
BA-22NCvC-324-08/2022 (Mahkamah Tinggi)
Procedural Posture
Civil Suit (high Court) / Judgment After Full Trial
Outcome
Plaintiff's claims against the Second Defendant allowed in part; injunctive relief granted against Second Defendant; costs awarded to Plaintiff.
Legal Topics
Tenancy, Eviction, Injunction, Trespass, Consent Judgment, Right of First Refusal, Estoppel
Source Language
Malay/English
Civil Property Contract Administrative Law Equity (injunctions) Tenancy Eviction Injunction +4 more

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Parties

OMNIX (M) SDN BHD

Plaintiff

JABATAN AGAMA ISLAM SELANGOR

First Defendant

PANCAR BAKTI SDN BHD

Second Defendant

Procedural Posture

Civil Suit (high Court) / Judgment After Full Trial

Legal Issues

  1. 1 Whether tenancy agreements between Plaintiff and site management are valid, subsisting and enforceable against First Defendant
  2. 2 Whether Plaintiff is a trespasser at the 32 sites
  3. 3 Whether Second Defendant is a lawful tenant of 10 disputed sites and entitled to evict Plaintiff

Ratio Decidendi

Consent judgment between Plaintiff and First Defendant and the evidence established that the tenancy agreements for the disputed sites are valid, subsisting and binding; Plaintiff is not a trespasser; Second Defendant is not a lawful tenant of the ten contested sites and is therefore injuncted from interfering with Plaintiff's peaceful enjoyment and business operations at the sites; costs awarded to Plaintiff RM5000.

Court Disposition

Plaintiff's claims against the Second Defendant allowed in part; injunctive relief granted against Second Defendant; costs awarded to Plaintiff.

Orders

  • Tenancy agreements between Plaintiff and the site management for the disputed sites are valid, subsisting and binding until their stated expiry dates.
  • Eviction notices issued against the Plaintiff shall not be executed.