Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Originating summons (order 89)

Legal area

Court

26 Feb 2025

YONG GEK HONG LIM YEAN CHAI

Citation

BA-24NCvC-2512-11/2024 (Mahkamah Tinggi)
Court

High Court
Case number

BA-24NCvC-2512-11/2024 (Mahkamah Tinggi)

The court found the defendant had demonstrated a prima facie caveatable interest such that triable issues existed (constructive trust and matrimonial asset disputes); the applicant had improperly combined disparate substantive claims and failed to plead procedural basis for declaratory relief in the originating summons; occupation was not shown to be trespassory but was with consent or as part of matrimonial arrangements. Consequently the originating summons under Order 89 was an inappropriate forum and the summons was dismissed with costs to be borne by the parties respectively.
18 Feb 2020

HALIMAH BINTI MOHAMMAD (No. K/P: 630427-10-7592) MAHZAN BIN MAHFOZ (Penghuni yang menduduki Hartanah yang beralamat di No. 8, Jalan Desa Baru 1/1B, Taman Desa Baru 1, Jalan Cheras, 43000 Kajang, Selangor Darul Ehsan)

Citation

BA-24NCVC-1026-07/2019 (Mahkamah Tinggi)
Court

High Court
Case number

BA-24NCVC-1026-07/2019 (Mahkamah Tinggi)

Defendant failed to adduce documentary evidence of beneficial ownership or Letters of Administration and did not raise a bona fide triable issue; plaintiff is the registered proprietor, terminated the licence by serving Notice to Quit, and is entitled to an order for vacant possession under Order 89 ROC.