21 Mar 2024
AZMI BIN HAJI JAAFAR NEOLITHIC SDN BHD
- Citation
- BL-A52NCvC-23-03/2023 (Mahkamah Sesyen)
- Court
- Sessions Court
- Case number
- BL-A52NCvC-23-03/2023 (Mahkamah Sesyen)
Defendant failed to establish any triable issues: the tenancy was for permitted agricultural use under the National Land Code and clause 3, Defendant did not challenge capacity or illegality during the tenancy and is estopped from doing so, purported receipts did not prove payments for the claimed period, the non-payment constituted a fundamental breach permitting termination under clause 5.1, and summary judgment may properly include declaratory relief and orders for vacant possession; accordingly summary judgment was entered for the Plaintiff and costs awarded.