9 Jul 2024
LOW HOCK JOO CHEAH KIAN GIAP
- Citation
- BA-12ANCvC-4-03/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-12ANCvC-4-03/2023 (Mahkamah Tinggi)
The court held that the claims made by the appellant against the respondent constituted joinder of parties rather than a counterclaim properly brought under Order 15 r3 because the reliefs sought were not sufficiently connected to the principal claim; therefore leave of court was required under Order 15 r4 and absent such leave the inclusion was procedurally improper. The Sessions Court's decision to allow the respondent's application to strike out the counterclaim was correct and the appeal was dismissed with costs.