14 Dec 2023
NORLITA BINTI BAHARDIN NORLIZA BINTI MOHD DIN
- Citation
- WA-12BNCvC-23-02/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-12BNCvC-23-02/2023 (Mahkamah Tinggi)
The Sessions Court erred in law and fact by treating a registered 1/3 co-owner as a tenant and awarding rental and arrears; absent any proved agreement to pay rent or proof of wrongful exclusion, a co-proprietor is entitled to possession and enjoyment of the whole under s343 NLC and cannot be charged rent by a fellow co-proprietor. The appeal is allowed and the rental-based remedies awarded below are set aside.