23 May 2022
NICETRADE SUPPLIES SDN. BHD. GENTON SDN. BHD.
- Citation
- AB-A74-13-12/2021 (Mahkamah Majistret)
- Court
- Magistrates' Court
- Case number
- AB-A74-13-12/2021 (Mahkamah Majistret)
The Magistrate set aside the writ distress to the extent it sought 12 months arrears because on the evidence the alleged tenancy had expired on 31.5.2015 and no subsisting landlord-tenant relationship existed to support distress; further, claims beyond limitation and questions of title must be determined by the High Court so the Magistrate lacks jurisdiction to grant possession or determine ownership; accordingly parts of the defendant's application were allowed and other prayers dismissed or recorded as consent where applicable.
- Writ of distress
- Existence and validity of tenancy agreement
- Limitation period for rent claims (s.20 limitation act 1953)
- Jurisdiction to determine title (high court vs magistrate)
- Abuse of court process