Malaysia Case Law: Decisions & Judgments

Topic

Lease agreement

Legal area

Court

12 Dec 2025

WELL BEST MINERAL WATER SDN. BHD. LIM SWEE WOH

Citation

JA-A52NCvC-368-12/2023 (Mahkamah Sesyen)
Court

Sessions Court
Case number

JA-A52NCvC-368-12/2023 (Mahkamah Sesyen)

Court found defendant proved premises were untenantable due to missing/damaged electrical wiring requiring costly full rewiring; plaintiff failed to verify and mitigate by repossessing or inspecting despite rights under the lease; both parties breached contractual terms (plaintiff for not mitigating and failing to inspect, defendant for not giving written termination notice), accordingly plaintiff's claim is allowed only for vacant possession and retention of monies to cover removal costs while all other claims and defendant's counterclaim are dismissed.
23 May 2025

MOHAMMAD ESA BIN NOIN(Berniaga sebagai Twenty Trees Services) KOPERASI PERUMAHAN ANGKATAN TENTERA BERHAD

Citation

BA-22NCvC-469-11/2024 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCvC-469-11/2024 (Mahkamah Tinggi)

The court held the plaintiff's claim was barred by res judicata and constituted an abuse of process because the matters now asserted arose from the same factual matrix and could and should have been raised in the earlier proceedings; therefore the strike‑out application under Order 18 Rule 19 succeeds and the plaintiff's statement of claim is struck out with costs.
21 Nov 2024

MAJLIS PERBANDARAN KUBANG PASU SELEKSI BAHAGIA SDN BHD

Citation

KA-22NCvC-38-05/2021 (Mahkamah Tinggi)
Court

High Court
Case number

KA-22NCvC-38-05/2021 (Mahkamah Tinggi)

The written agreements establish a lease requiring monthly rent of RM10,000; defendant breached that obligation and validly received a termination notice for non-payment; Clause 2.0 only entitles compensation on ordinary expiry, not on termination for breach, and unjust enrichment cannot be invoked to override the parties' express contractual allocation of rights and risks; therefore plaintiff is entitled to arrears, ongoing rent, contractual late charges and costs while defendant's counterclaim fails.
27 Sept 2024

NALASAMY A/L KULANDI KANNAN CHITRA A/P VEERAIYAN

Citation

NA-A52NCC-39-06/2020 (Mahkamah Sesyen)
Court

Sessions Court
Case number

NA-A52NCC-39-06/2020 (Mahkamah Sesyen)

Court found Defendant had signed exhibit D1 and, on balance of probabilities, there was an agreement (oral/conduct plus signature) that Defendant would purchase the equipment before taking possession; Defendant failed to prove the asserted losses (no admissible documentary or witness proof for lost profits, wages, loan interest) and failed to show payment of rent for May/June 2018; advance rent and deposits were properly applied to rent; therefore Defendant's counterclaim failed and was dismissed with costs.
12 Oct 2023

MUSLIM BEST MARKETING (M) SDN BHD Majlis Amanah Rakyat (MARA)

Citation

BA-22NCvC-319-08/2022 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCvC-319-08/2022 (Mahkamah Tinggi)

The court found the plaintiff and its guarantors are the same parties as in Suit 17 and Suit 31 and the claims in the statement of claim derive from the same cause of action and same facts under the Lease Agreement and Letter of Guarantee already decided by the Seremban Sessions Court. Both narrow and wider doctrines of res judicata apply. Accordingly the writ and statement of claim are barred and properly struck out under Order 18 r19(1)(d). Costs awarded to defendant.
30 Jun 2023

1. ) SYNN PALM OIL SDN BHD 2. ) NG CHONG GENG & SONS SDN BHD CHOW KEE PALM OIL MILL HOLDING SDN BHD

Citation

AB-22NCvC-3-01/2019 (Mahkamah Tinggi)
Court

High Court
Case number

AB-22NCvC-3-01/2019 (Mahkamah Tinggi)

The leases were valid and enforceable despite non-registration because parties contracted, Synn Heng consented to P1 leasing the mill, and defendant by its conduct is estopped from denying the arrangements; defendant breached obligations to provide bank guarantees and to pay rent and utilities, plaintiffs lawfully terminated under the lease terms and are entitled to the claimed outstanding rents, utilities, contractual double rent and agreed interest; defendant's counterclaim fails for lack of probative evidence and reliance on documents of other entities.
10 Jan 2023

Perbadanan Kemajuan Negeri Perak SYARIKAT OSMAN DAN KELUARGA didakwa sebagai sebuah perniagaan perkongsian

Citation

AA-A52-13-06/2019 (Mahkamah Sesyen)
Court

Sessions Court
Case number

AA-A52-13-06/2019 (Mahkamah Sesyen)

The counterclaim was struck out because on its face it disclosed no reasonable cause of action and was defective and an abuse of process: the 1988 lease and schedules, which both parties had repeatedly relied upon in prior proceedings, allocate maintenance to the defendant, and the defendant failed to particularize or prove liability or the quantum of RM94,657.42 claimed; accordingly the summary procedure under Order 18 r.19 was appropriate and the counterclaim was dismissed.
17 Nov 2022

MALAYSIAN NPK FERTILIZER SDN BHD HAMPSHIRE AVENUE SDN.BHD

Citation

KB-B52-9-12/2019 (Mahkamah Sesyen)
Court

Sessions Court
Case number

KB-B52-9-12/2019 (Mahkamah Sesyen)

The court held the lease deposits were contractually distinct from the sale price and, under the clear terms of the lease (clause 3), were payable back to the tenant on termination absent any proven outstanding sums; defendant's contrary evidence about a RM9,000,000 sale price was inadmissible and unsupported and the plaintiff's claim was timely, therefore judgment for plaintiff for RM363,172 plus interest and costs was warranted.
9 Aug 2022

OU SIW LING 1. ) ELANGOVAN A/L GOVINDASAMY 2. ) MALARVIHLI A/P ELANGOVAN

Citation

JA-A72NCvC-421-06/2020 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

JA-A72NCvC-421-06/2020 (Mahkamah Majistret)

Although the lease was only signed by the Plaintiff and Defendant First (no privity by signature), the court found on the balance of probabilities that Defendant Second issued the 03.03.2020 letter and by her conduct and acceptance of benefit from the tenancy agreed to assume Defendant First's liabilities; documentary evidence (police reports and contemporaneous records) corroborated Plaintiff's account. Therefore Defendant Second was liable under principles of unjust enrichment and for the claimed remedies.
28 Feb 2022

AAN CONSTRUCTION SDN BHD 1. ) CHONG KON SUY 2. ) CHONG KON SIONG 3. ) CHONG SWEE CHUNG 4. ) CHONG KIM WAH

Citation

BD-A52NCvC-9-05/2021 (Mahkamah Sesyen)
Court

Sessions Court
Case number

BD-A52NCvC-9-05/2021 (Mahkamah Sesyen)

Extension of time granted because delay was bona fide and short (six days), plaintiff demonstrated genuine difficulty obtaining instructions during COVID-19 and travel constraints, defendants failed to show substantial irremediable prejudice, and preliminary objections based on non-compliance were improper without a proper application and affidavit; merits ought to be heard. Costs awarded RM1,000.