29 Apr 2024
GAMUDA LAND (KEMUNING) SDN BHD BUTTON AND WHEEL SDN BHD
- Citation
- BL-A54-20-11/2023 (Mahkamah Sesyen)
- Court
- Sessions Court
- Case number
- BL-A54-20-11/2023 (Mahkamah Sesyen)
Writs were valid and regular: the lease defined ‘rent’ to include service, promotion and other charges recoverable by distress; plaintiff lawfully obtained writs and lawfully sought vacant possession under the Specific Relief Act and lease terms; alleged excesses by the bailiff (locking premises, seizure issues) do not render the writs defective and the proper remedy against excess is a separate action for wrongful distress requiring proof of malice; consignment/delivery notes alone do not discharge defendant’s burden to prove third‑party ownership; low bailiff valuation does not invalidate t…