16 Aug 2023
1. ) AIDA RATINI BINTI MANSOR 2. ) RAZA ALI MUHAMMAD NAZIR 1. ) SUNGEI WANG PLAZA SDN BHD 2. ) SUNGEI WANG HOLDINGS SDN BHD
- Citation
- WA-12ANCvC-24-01/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-12ANCvC-24-01/2023 (Mahkamah Tinggi)
Because the alleged rent increase was unilateral and not agreed by the tenant, the respondents had no right to obtain an ex‑parte writ of distress for the increased sum; further, there is no statutory or procedural basis to grant a lock‑up order in an ex‑parte writ of distress under the Distress Act 1951 or Order 75 r3, therefore the Sessions Court's distress and lock‑up order was set aside and the appeal allowed with costs.