Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Tenancy and possession

Legal area

Court

11 Jul 2025

XORIX SDN. BHD. (PENERIMA & PENGURUS DILANTIK) JARDIN PHARMA BERHAD

Citation

WA-24NCC-607-12/2024 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24NCC-607-12/2024 (Mahkamah Tinggi)

The application was dismissed because the central question was non-justiciable and vague, the tenancy dated 01.07.2023 is valid and the plaintiff lacks standing to challenge it in these proceedings, material factual disputes made the matter unsuitable for determination on affidavit under originating summons, and the issues overlap with active litigation risking multiplicity; consequently no relief was warranted.
4 Jul 2025

XORIX SDN. BHD. (Penerima & Pengurus Dilantik) 1. ) JARDIN PHARMA BERHAD 2. ) DR. MARYAM AL-BATUL BINTI AZIZUDDIN 3. ) YASIR AYEOP BIN AZIZUDDIN 4. ) MUHAMMAD AL-A'THIQ BIN MARZUKI 5. ) MARZUKI BIN H SALIM

Citation

WA-22NCC-328-05/2024 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-328-05/2024 (Mahkamah Tinggi)

On the documents there was no bona fide serious issue to be tried: Xorix no longer held the manufacturer's licence and had no premises to manufacture; the SPA transferred beneficial rights in the 17 products to the 1st defendant and bound Xorix to facilitate PRH transfer; the 1st defendant holds a valid new tenancy and the NPRA records show JMSB/1st defendant holds the licence; the balance of convenience favoured defendants and damages were an adequate remedy; accordingly interlocutory injunctions were refused.