11 Feb 2020
TAN BON KIAT (NO.K/P: 480521-01-5685) 1. KESEMUA PENGHUNI-PENGHUNI YANG MENDUDUKI PARCEL NO: A-G-6, Unit 3-OG-A, PELITA INDAH KONDOMINIUM, GERAN NO: 80001, LOT NO.22553, DAERAH JOHOR BAHRU 2. KANG HOCK HIN (NO. K/P: 540412-01-5653)
- Citation
- JA-24NCVC-545-10/2018 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- JA-24NCVC-545-10/2018 (Mahkamah Tinggi)
The application for vacant possession was dismissed because the 2nd Defendant had been judicially declared the beneficial owner of the seven units and that decision was upheld by the Court of Appeal, the Plaintiff was an adjudged bankrupt with property administered by the Director General of Insolvency, and Order 89 summary procedure is inappropriate where ownership and triable issues exist; therefore Plaintiff lacked locus standi to pursue possession under Order 89.