Malaysia Case Law: Decisions & Judgments

Topic

Possession and vacant possession

Legal area

Court

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…
26 Feb 2025

YONG GEK HONG LIM YEAN CHAI

Citation

BA-24NCvC-2512-11/2024 (Mahkamah Tinggi)
Court

High Court
Case number

BA-24NCvC-2512-11/2024 (Mahkamah Tinggi)

The court found the defendant had demonstrated a prima facie caveatable interest such that triable issues existed (constructive trust and matrimonial asset disputes); the applicant had improperly combined disparate substantive claims and failed to plead procedural basis for declaratory relief in the originating summons; occupation was not shown to be trespassory but was with consent or as part of matrimonial arrangements. Consequently the originating summons under Order 89 was an inappropriate forum and the summons was dismissed with costs to be borne by the parties respectively.
21 Oct 2022

Lau Tian Boon (Sebagai Setiausaha Dan Wakil Bagi Kwang Kheow Seah, Bagan Serai, Krian (No. Pertubuhan: 1272/63 Perak ) MAJESTIC MEMORIAL PARK (BS) SDN BHD

Citation

AB-22NCvC-14-06/2019 (Mahkamah Tinggi)
Court

High Court
Case number

AB-22NCvC-14-06/2019 (Mahkamah Tinggi)

Plaintiff lacks legal possession or appointment as maintainer of the reserved land (Lot 7654) because title remains vested in the State per Gazette No. 6754 and no new maintainers were appointed; on that basis plaintiff had no legal basis to claim vacant possession and its claim is dismissed as frivolous and vexatious; status quo must be maintained and the defendant, having expended substantial sums and operated the columbarium, is not ordered to vacate; counterclaim likewise dismissed; costs ordered between parties.
15 Aug 2022

TENAGA NASIONAL BERHAD 1. ) NORASHIMAH BINTI YAHYA 2. ) NORSIAH BINTI ISMAIL 3. ) KESEMUA INDIVIDU DAN ATAU ENTITI-ENTITI YANG BERADA DAN ATAU SEDANG MENJALANKAN SEBARANG AKTIVITI DI KAWASAN DI LOT 242, PN 2934 ( NOMBOR LOT BARU 5422) MUKIM

Citation

CB-22NCvC-26-12/2019 (Mahkamah Tinggi)
Court

High Court
Case number

CB-22NCvC-26-12/2019 (Mahkamah Tinggi)

Court held that Tenaga Nasional Berhad is the registered proprietor with conclusive title; defendants were unauthorised occupants (trespassers); representations by company officers did not amount to lawful permission; no fraud was shown to defeat the registered title; laches/acquiescence did not bar plaintiff's claim; plaintiff entitled to possessory relief but not to the damages sought; court ordered defendants to give vacant possession within a reasonable period (90 days) and to remove structures and restore the land at their cost.

Malaysia Case Law

TWT BUILDERS SDN BHD MINE BIOMASS SDN BHD

YONG GEK HONG LIM YEAN CHAI

Lau Tian Boon (Sebagai Setiausaha Dan Wakil Bagi Kwang Kheow Seah, Bagan Serai, Krian (No. Pertubuhan: 1272/63 Perak ) MAJESTIC MEMORIAL PARK (BS) SDN BHD

TENAGA NASIONAL BERHAD 1. ) NORASHIMAH BINTI YAHYA 2. ) NORSIAH BINTI ISMAIL 3. ) KESEMUA INDIVIDU DAN ATAU ENTITI-ENTITI YANG BERADA DAN ATAU SEDANG MENJALANKAN SEBARANG AKTIVITI DI KAWASAN DI LOT 242, PN 2934 ( NOMBOR LOT BARU 5422) MUKIM