Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Rental dispute

  • 19 Mar 2025

    LOONG KEAN SENG LOONG KEAN VOON

    Citation
    WA-22NCvC-187-03/2021 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    WA-22NCvC-187-03/2021 (Mahkamah Tinggi)

    Plaintiff succeeds because he is the sole registered proprietor with indefeasible title under the NLC and the defendant failed to plead and prove a trust or any vitiating factor; the defendant's claims were speculative, unparticularised and unsupported by cogent evidence, therefore the counterclaim fails and plaintiff's claims for recovery, surrender of documents and declaratory relief are granted with costs.

  • 14 Dec 2023

    NORLITA BINTI BAHARDIN NORLIZA BINTI MOHD DIN

    Citation
    WA-12BNCvC-23-02/2023 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    WA-12BNCvC-23-02/2023 (Mahkamah Tinggi)

    The Sessions Court erred in law and fact by treating a registered 1/3 co-owner as a tenant and awarding rental and arrears; absent any proved agreement to pay rent or proof of wrongful exclusion, a co-proprietor is entitled to possession and enjoyment of the whole under s343 NLC and cannot be charged rent by a fellow co-proprietor. The appeal is allowed and the rental-based remedies awarded below are set aside.