Malaysia Case Law: Decisions & Judgments

Topic

Tenancy agreement

Legal area

Court

11 Mar 2026

CHUAN FATT HOLDINGS (M) SDN BHD GOOD POINT PROPERTY SDN BHD

Citation

BA-22NCvC-563-12/2025 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCvC-563-12/2025 (Mahkamah Tinggi)

The court found bona fide serious issues to be tried on whether Defendant breached the right of first refusal by failing to disclose and offer on the third‑party terms, damages are inadequate for land and the balance of convenience favors the Plaintiff, therefore an interim injunction restraining transfer was warranted.
3 Feb 2026

1. ) Norrisah Binti Abu Bakar 2. ) MANSOR BIN ABU BAKAR 3. ) ZAHARAH BINTI ABDULLAH @ WOON SEE MOI 4. ) ZALIHA BINTI ABU BAKAR 5. ) HAMIDAH BINTI ABU BAKAR 6. ) NORIAH BINTI ABU BAKAR 7. ) ROGIAH BINTI ABU BAKAR 8. ) SANI BIN ABU BAKAR 9. )

Citation

B-02(NCvC)(W)-179-02/2024 (Mahkamah Rayuan)
Court

NCvC
Case number

B-02(NCvC)(W)-179-02/2024 (Mahkamah Rayuan)

The Court concluded the trial judge was not plainly wrong: absence of contemporaneous loan documentation, evidence of full payment to solicitors, the Order for Sale and conduct of the parties supported that the SPA was a genuine sale rather than a sham moneylending transaction; misconduct by solicitors did not convert the SPA into an illegal loan; the 5th Appellant's appeal was incompetent due to bankruptcy; therefore the High Court's dismissal was affirmed and costs ordered.
13 Aug 2025

UEM Land Berhad Mohd Khalid Bin Mohd Noor

Citation

W-02(NCvC)(W)-1616-09/2024 (Mahkamah Rayuan)
Court

NCvC
Case number

W-02(NCvC)(W)-1616-09/2024 (Mahkamah Rayuan)

Clause 15 of the Tenancy Agreement conferred an independent contractual right to terminate by giving three months' notice; there was no contractual requirement to disclose reasons or to obtain mutual agreement for early termination; the High Court erred in reading Clause 15 together with Clause 6 and in treating non‑disclosure as a material omission; appeal allowed and High Court decision reversed.
18 Jun 2025

Greenclipper Corporation Sdn Bhd Regal Enterprise Sdn Bhd

Citation

WA-22NCvC-469-08/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCvC-469-08/2022 (Mahkamah Tinggi)

On the evidence and the clear written Tenancy Agreement the defendant breached contractual obligations by non-payment of rent and sewerage charges, there was no valid renewal after 31.12.2020, the defendant held over after proper notice and plaintiff lawfully exercised statutory option to claim double rent; the defendant failed to prove tenancy coupled with equity or entitlement to the equitable reliefs claimed, therefore plaintiff's claim succeeds and defendant's counterclaim fails.
18 Jun 2025

Greenclipper Corporation Sdn Bhd Regal Enterprise Sdn Bhd

Citation

WA-22NCvC-469-08/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCvC-469-08/2022 (Mahkamah Tinggi)

Defendant breached the express Tenancy Agreement by failing to pay rent from January 2021 and by failing to pay sewerage charges; there was no valid renewal after 31.12.2020 so no tenancy coupled with equity; Plaintiff validly terminated tenancy and, having given notice to quit which Defendant ignored, is entitled to delivery of vacant possession and to charge double rent from December 2021 until delivery; Defendant's counterclaim for relief against forfeiture, extension and renovation costs fails and is dismissed.
5 Jun 2025

IMBUHAN GAGAH SDN BHD GC FORWARDING SERVICES SDN BHD

Citation

BL-A52-11-05/2024 (Mahkamah Sesyen)
Court

Sessions Court
Case number

BL-A52-11-05/2024 (Mahkamah Sesyen)

The tenancy agreement was tainted by illegality because the warehouse was developed and occupied in breach of mandatory planning and building approval requirements and land use restrictions; the plaintiff was implicated in that illegality and therefore the court will not lend its assistance to enforce the contract or award the claimed rents and damages; consequently the plaintiff's claims fail and are dismissed.
7 Apr 2025

LAW SONG TING 1. ) TENAGA NASIONAL BERHAD 2. ) HLK (CHAIN-STORE) ELECTRICAL APPLIANCES SDN BHD 3. ) AFFINITY DESIGNS SDN BHD

Citation

BA-12BNCvC-65-10/2024 (Mahkamah Tinggi)
Court

High Court
Case number

BA-12BNCvC-65-10/2024 (Mahkamah Tinggi)

Clause 15.3 of the SPA imposed on the purchaser the primary obligation to change the utility account name; it was necessary and obvious to imply that the purchaser would bear the consequences of failing to effect the change, therefore the 3rd Respondent is liable to indemnify the Appellant for TNB's claims from completion of the SPA; the Tenancy Agreement indemnity did not extend to meter tampering absent proof the tenant tampered.
14 Mar 2025

TWT BUILDERS SDN BHD MINE BIOMASS SDN BHD

Citation

CA-B52NCvC-2-02/2024 (Mahkamah Sesyen)
Court

Sessions Court
Case number

CA-B52NCvC-2-02/2024 (Mahkamah Sesyen)

Plaintiff failed to establish its case on balance including authenticating the voice recording; court found on the evidence that Plaintiff knew the land was agricultural and the warehouse was erected without necessary approvals; both tenancy agreements were tainted by illegality and therefore void under s.24 Contracts Act and relevant National Land Code provisions; accordingly Plaintiff's claims for outstanding rent and related contractual remedies were dismissed and Defendant's counterclaim for declarations and restitution was allowed in part with a global award of RM1,000,000 and return of…
17 Dec 2024

LOW WEE HENG MY US FOOD SDN BHD

Citation

BA-22NCvC-255-06/2024 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCvC-255-06/2024 (Mahkamah Tinggi)

No valid written renewal notice was proven; Defendant held over after the tenancy expired and failed to raise a bona fide triable issue on renewal. Damages (double rent and restoration/utility costs) were sufficiently evidenced by affidavits, invoices and correspondence and quantifiable less the retained deposit. Although the sale during the tenancy prima facie breached clause 4.18, that breach was not pleaded as a set-off and did not prevent summary judgment on the Plaintiff's claim; the Defendant's counterclaim on breach of option to purchase may proceed to trial limited to potential nomina…
10 Dec 2024

1. ) HO XIN NIE 2. ) BERNICE HO XIN HUI 1. ) LUMI HOSPITALITY SDN BHD 2. ) MAYFAIR VENTURES SDN BHD

Citation

BA-24NCvC-277-02/2024 (Mahkamah Tinggi)
Court

High Court
Case number

BA-24NCvC-277-02/2024 (Mahkamah Tinggi)

The SPA, read as a whole, deliberately and unambiguously excluded specific performance for the plaintiffs by clause 11.1; plaintiffs' claim for the full balance purchase price as special damages is unsustainable while they retain beneficial ownership because the Principal Agreements remain in force and the 2nd Defendant remained bare trustee; clause 6(g) of the Tenancy Agreement is a conditional option discharged by the SPA and does not create an independent enforceable obligation on the 1st Defendant.