14 Jun 2023
OG GLOBAL VENTURE SDN BHD 1. ) KEDAH EXOTIC FRUITS SDN BHD 2. ) KEDAH AGRO HOLDINGS BERHAD 3. ) Perbadanan Menteri Besar Kedah Darul Aman
- Citation
- KA-22NCvC-23-03/2018 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- KA-22NCvC-23-03/2018 (Mahkamah Tinggi)
Plaintiff failed to discharge the burden of proof; the alleged lease was void and unenforceable because the plaintiff is non-Malay and the lease term exceeded the statutory three-year limit under the Enakmen Rizab Melayu Kedah 1931, the Second Defendant lacked capacity/title to grant the lease, and essential terms were conditional/uncertain; accordingly the plaintiff's claims were dismissed and the Third Defendant's counterclaim succeeded with declaratory and injunctive relief and costs.