Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Tenantability
  • 12 Dec 2025

    WELL BEST MINERAL WATER SDN. BHD. LIM SWEE WOH

    Citation
    JA-A52NCvC-368-12/2023 (Mahkamah Sesyen)
    Court
    Sessions Court
    Case number
    JA-A52NCvC-368-12/2023 (Mahkamah Sesyen)

    Court found defendant proved premises were untenantable due to missing/damaged electrical wiring requiring costly full rewiring; plaintiff failed to verify and mitigate by repossessing or inspecting despite rights under the lease; both parties breached contractual terms (plaintiff for not mitigating and failing to inspect, defendant for not giving written termination notice), accordingly plaintiff's claim is allowed only for vacant possession and retention of monies to cover removal costs while all other claims and defendant's counterclaim are dismissed.