HIGH COURT MALAYA IPOH
CHAI SAY FAH (P) – Appellant
Versus
HARTAWAN AMAN SDN BHD & ORS (ENCL 5 7 9 & 11) – Respondent
| Table of Content |
|---|
| 1. application to strike out plaintiff's claim. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7) |
| 2. ownership of the disputed land and prior litigation context. (Para 8 , 9 , 10 , 11 , 12) |
| 3. defendants' position on res judicata and abuse of process. (Para 24 , 25 , 26 , 28 , 30 , 32) |
| 4. court's findings regarding res judicata and the validity of the previous rulings. (Para 35 , 36 , 38) |
[1] This was an application by the 1st, 2nd, 3rd, 6th and 7th Defendants (Enclosure 5, 7, 9 and 11), to strike out the Writ and the Statement of Claim by the Plaintiff pursuant to O 18 r 19 (1) (a), (b), (c) and (d) of the Rules of 2012. The grounds relied upon by the Defendants were:
i. Plaintiff's claim disclosed no reasonable cause of action;
ii. Plaintiff's claim may prejudice, embarrass or delay the fair trial of the action;
iii. That the claim was scandalous, frivolous and vexatious; and/or
iv. That the claim was an abuse of Court process.
The parties:
[2] The Plaintiff was at the material time the registered owner of a piece of land known as Pajakan Negeri No 141942 No Lot 6891 Mukim Hulu Kinta, Daerah Kinta, Perak.
[3] The 1st Defendant is a company incorporated under the Compani
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