SERAI SAUJANA MANAGEMENT CORPORATION 1. ) SERAI SAUJANA DEVELOPMENT SDN BHD 2. ) MANAGEMENT CORPORATION OF THE VILLA @ SERAI SAUJANA 3. ) TENAGA NASIONAL BERHAD

SERAI SAUJANA MANAGEMENT CORPORATION 1. ) SERAI SAUJANA DEVELOPMENT SDN BHD 2. ) MANAGEMENT CORPORATION OF THE VILLA @ SERAI SAUJANA 3. ) TENAGA NASIONAL BERHAD

On the facts the Court inferred an agreement to lease between the Developer and TNB (partly in writing and by conduct) giving rise to an equitable lease over the sub-station land; under binding authority the Management Corporation is the successor-in-title to the Developer and is bound by that agreement, hence TNB was not a trespasser and the Sessions Court dismissal is affirmed.

Citation
BA-12B-65-06/2024 (Mahkamah Tinggi)
Parties
Appellant (perayu): Serai Saujana Management Corporation (PTG. SEL. 51/1/1-P/10-11); Respondent / 1st Respondent: Serai Saujana Development Sdn Bhd (No. 651725-P); Respondent / 2nd Respondent: Management Corporation of The Villa@Serai Saujana (PTG.SEL.51/1/1-P/203/13); Respondent / 3rd Respondent; Appellant in Cross Appeal: Tenaga Nasional Berhad (No. 199001009294 [200866-W]); Respondent in Cross Appeal / Third Party in Lower Court: Saujana Resort (M) Berhad (No. 198301001834)
Court
High Court
Jurisdiction
Malaysia
Judgment Date
13 May 2025
Case Number
BA-12B-65-06/2024 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal From Sessions Court (trespass / Proprietary Dispute) / Judgment on Appeals (high Court, Shah Alam)
Outcome
Appeals dismissed; judgment of Sessions Court affirmed
Legal Topics
Trespass, Equitable Lease, Successor in Title, Indefeasibility of Title, Limitation, Common Property, Management Corporation Obligations, Third Party Indemnity
Source Language
Malay/English
Property Law Land Law Strata Law Equity Contract Tort (trespass) Trespass Equitable Lease +6 more

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Parties

Serai Saujana Management Corporation (PTG. SEL. 51/1/1-P/10-11)

Appellant (perayu)

Serai Saujana Development Sdn Bhd (No. 651725-P)

Respondent / 1st Respondent

Management Corporation of The Villa@Serai Saujana (PTG.SEL.51/1/1-P/203/13)

Respondent / 2nd Respondent

Tenaga Nasional Berhad (No. 199001009294 [200866-W])

Respondent / 3rd Respondent; Appellant in Cross Appeal

Saujana Resort (M) Berhad (No. 198301001834)

Respondent in Cross Appeal / Third Party in Lower Court

Procedural Posture

Civil Appeal From Sessions Court (trespass / Proprietary Dispute) / Judgment on Appeals (high Court, Shah Alam)

Legal Issues

  1. 1 Whether TNB's electrical sub-station on Lot 325 constituted trespass
  2. 2 Whether there existed an enforceable (equitable) lease or undertaking in favour of TNB over part of Lot 325
  3. 3 Whether the Management Corporation (Plaintiff) as successor-in-title is bound by agreements made by the Developer in relation to common property

Ratio Decidendi

On the facts the Court inferred an agreement to lease between the Developer and TNB (partly in writing and by conduct) giving rise to an equitable lease over the sub-station land; under binding authority the Management Corporation is the successor-in-title to the Developer and is bound by that agreement, hence TNB was not a trespasser and the Sessions Court dismissal is affirmed.

Court Disposition

Appeals dismissed; judgment of Sessions Court affirmed

Orders

  • Both Appeal BA-12B-65-06/2024 and Appeal BA-12B-75-07/2024 dismissed with costs
  • Costs awarded: RM5,000 for each respondent in Appeal BA-12B-65-06/2024