19 Feb 2024
PERBADANAN PENGURUSAN GENTING VIEW RESORT MERANTI APARTMENT KURNIA HALIM & OTHERS PENCELAH MLDC BERHAD (DAHULUNYA DIKENALI SEBAGAI MALAYSIA LAND DEVELOPMENT COMPANY BERHAD)
- Citation
- CB-36-1-02/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- CB-36-1-02/2023 (Mahkamah Tinggi)
The High Court confined itself to whether the prohibitory order, writ of seizure and sale and sale order were regular in execution; having found the strata title to the unit was registered in the intervener's name (MLDC Berhad) and that statutory strata recovery mechanisms exist, the enforcement by prohibitory order and sale would unduly prejudice the registered proprietor and was inappropriate; accordingly the Court set aside the prohibitory order, the writ of seizure and sale and the sale order and awarded costs of RM7,000 subject to allocatur.