ZAINI BIN MD DEWA HENG KEE TRADING SDN BHD

ZAINI BIN MD DEWA HENG KEE TRADING SDN BHD

Plaintiff's Order 89 originating summons was dismissed because defendants adduced documentary evidence that their original occupation was authorised by the predecessor in title (developer) and they raised serious triable issues as to beneficial ownership and the propriety of the 2023 transfer; accordingly summary relief under Order 89 was inappropriate. Concurrently, defendants established a serious issue to be tried and that the balance of convenience favoured preserving the long-standing status quo (risk of irreparable harm to defendant's factory and employees), therefore an interlocutory injunction restraining plaintiff from entering or taking vacant possession was granted and the...

Citation
NA-24NCvC-602-11/2023 (Mahkamah Tinggi)
Parties
Plaintiff: Zaini bin Md Dewa; First Defendant: Heng Kee Trading Sdn Bhd; Defendants: Kesemua Penghuni-penghuni Lain yang Menduduki atas Hartanah (PN 12966, Lot 8736)
Court
High Court
Jurisdiction
Malaysia
Judgment Date
11 July 2024
Case Number
NA-24NCvC-602-11/2023 (Mahkamah Tinggi)
Procedural Posture
Land/possession Dispute — Originating Summons Under Order 89 Rules (summary Procedure) and Interlocutory Injunction Application / Judgment on Interlocutory Applications: Order 89 Originating Summons Dismissed; Interlocutory Injunction Allowed and Originating Summons Converted to Writ
Outcome
Plaintiff's originating summons under Order 89 dismissed with costs; Defendants' interlocutory application allowed — interlocutory injunction granted restraining plaintiff from entering or taking vacant possession pending final disposal; originating summons converted to writ and statement of claim under Order 28 r8.
Legal Topics
Order 89 RHC (summary Possession), Interlocutory Injunction (american Cyanamid Test), Possession and Title Dispute, Beneficial Ownership, Locus Standi
Source Language
Malay/English
Property/land Law Civil Procedure Equity (interlocutory Relief) Order 89 RHC (summary Possession) Interlocutory Injunction (american Cyanamid Test) Possession and Title Dispute Beneficial Ownership Locus Standi

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 13 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Zaini bin Md Dewa

Plaintiff

Heng Kee Trading Sdn Bhd

First Defendant

Kesemua Penghuni-penghuni Lain yang Menduduki atas Hartanah (PN 12966, Lot 8736)

Defendants

Procedural Posture

Land/possession Dispute — Originating Summons Under Order 89 Rules (summary Procedure) and Interlocutory Injunction Application / Judgment on Interlocutory Applications: Order 89 Originating Summons Dismissed; Interlocutory Injunction Allowed and Originating Summons Converted to Writ

Legal Issues

  1. 1 Whether plaintiff has locus standi as registered proprietor to obtain vacant possession under Order 89
  2. 2 Whether Order 89 applies where occupant entered with consent of predecessor in title (i.e. not squatters)
  3. 3 Whether defendants raised triable issues of fact/ownership that preclude summary disposal

Ratio Decidendi

Plaintiff's Order 89 originating summons was dismissed because defendants adduced documentary evidence that their original occupation was authorised by the predecessor in title (developer) and they raised serious triable issues as to beneficial ownership and the propriety of the 2023 transfer; accordingly summary relief under Order 89 was inappropriate. Concurrently, defendants established a serious issue to be tried and that the balance of convenience favoured preserving the long-standing status quo (risk of irreparable harm to defendant's factory and employees), therefore an interlocutory injunction restraining plaintiff from entering or taking vacant possession was granted and the...

Court Disposition

Plaintiff's originating summons under Order 89 dismissed with costs; Defendants' interlocutory application allowed — interlocutory injunction granted restraining plaintiff from entering or taking vacant possession pending final disposal; originating summons converted to writ and statement of claim under Order 28 r8.

Orders

  • Originating summons under Order 89 dismissed with costs in favour of defendants
  • Interlocutory injunction granted restraining plaintiff from entering or taking vacant possession of PN 12966 Lot 8736 Nilai 7 until final disposal of proceedings