Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Possession (form k)
  • 31 Jan 2024

    Premium Park Development Sdn Bhd Rightbase Trading Sdn. Bhd

    Citation
    JB-22NCvC-32-04/2018 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    JB-22NCvC-32-04/2018 (Mahkamah Tinggi)

    Plaintiff was not party to the tenancy between KHHSB and Defendant and did not prove an assignment; clause 6 of the tenancy caused the tenancy to cease upon commencement of acquisition (Form D registered 4.12.2013) and, following binding Federal Court authority, formal possession vested in the Land Administrator upon issuance of Form K (25.9.2014). Therefore Plaintiff's contractual claims for arrears and double rent fail; Plaintiff's cause of action is limited to trespass and Plaintiff proved trespass only for the access road from 12.3.2014 until issuance of Form K (approx. 6.5 months), entit…