Malaysia Case Law: Decisions & Judgments

Topic

Possession dispute

Legal area

Court

7 Jul 2025

MATTHEWS A/L MANUEL GOVINDARAJU A/L DALRAJEE

Citation

WA-A52NCvC-54-01/2024 (Mahkamah Sesyen)
Court

Sessions Court
Case number

WA-A52NCvC-54-01/2024 (Mahkamah Sesyen)

An interim injunction was granted because the material before the court disclosed serious questions to be tried and the balance of convenience favored the defendant: refusal would cause immediate and irreparable loss of housing to the defendant while plaintiff's loss was compensable by damages; accordingly status quo and utilities/access were ordered maintained pending trial.
27 Nov 2024

SARASWATHY A/P SUPRAMANIAM 1. ) CHANDRAN A/L MARIAMUTHU 2. ) MALIPU A/P MARUTHA

Citation

BL-A52NCvC-35-05/2022 (Mahkamah Sesyen)
Court

Sessions Court
Case number

BL-A52NCvC-35-05/2022 (Mahkamah Sesyen)

Although plaintiff was the registered owner, the court found on the balance of probabilities that the deceased held the property as trustee for the defendants because the defendants substantially paid the mortgage instalments and related outlays; plaintiff failed to prove forgery or that the deceased paid the loans; accordingly plaintiff's claim for possession was dismissed and the defendants' counterclaim succeeded.
21 Mar 2024

MAHATHIR BIN MUSTAFA POH KEE POU

Citation

M-04(A)-149-04/2023 (Mahkamah Rayuan)
Court

A
Case number

M-04(A)-149-04/2023 (Mahkamah Rayuan)

The appellate court found that the defendant established serious triable issues (long occupation since 2008, sale/assignment documentation, sustained payment of ground rent to the predecessor landlord, payment of assessment and utility bills) which disentitled the applicant to summary relief under Order 89; summary procedure was inappropriate and the High Court's decision in favour of the defendant was correct and must stand.

Malaysia Case Law

MATTHEWS A/L MANUEL GOVINDARAJU A/L DALRAJEE

SARASWATHY A/P SUPRAMANIAM 1. ) CHANDRAN A/L MARIAMUTHU 2. ) MALIPU A/P MARUTHA

MAHATHIR BIN MUSTAFA POH KEE POU