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)
The appeal is allowed because distress based on a unilateral rent increase not agreed by the tenant is impermissible and a writ of distress obtained on that basis is irregular; further, there is no statutory or procedural power to order locking up of premises under the Distress Act or Rules of Court, therefore the Sessions Court's ex‑parte distress and lock‑up orders were set aside and costs were awarded to the appellants.