Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Strike out/expunge affidavit
  • 25 Sept 2025

    GAN GEOK DUAN MANOJAYAN A/L RAJAMANI

    Citation
    BA-76-50-06/2025 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    BA-76-50-06/2025 (Mahkamah Majistret)

    The writ of distress was properly issued under s.5 of the Distress Act 1951; the defendant's substantive grounds based on absence of a written tenancy were unreasonable given the evidence of an agreed tenancy and the defendant's contribution to its informality; the defendant's late filing of a replying affidavit was an abuse of process and was expunged; accordingly both applications to set aside the writ and to suspend execution were dismissed with costs.