JUDGMENT

(Enclosure 54)

Leonard David Shim J:

[1] This is an application by the Plaintiff for this Suit to be consolidated with the Sessions Court Suit No.BKI-A52NCvC-2/1-2020 (the Sessions Court Suit) including the Third Party Proceedings therein and to proceed as one action.

The Facts

[2] This case centres on the Management Agreement entered between parties in 2018 where it was agreed the Plaintiff would operate, maintain, and manage the buildings on Town Lease 017519836 situated at Jalan Punai Tanah, Likas, 88430 Sabah, Malaysia ("the said Premises") from the Defendant who is the registered owner of the said Land.

[3] In the Sessions Court Suit the roles and position of the parties are reversed. Borneo Music Conservatory (BMC) is the Defendant whereas Malaysian Red Crescent (Sabah Branch) (MRCS) is the Plaintiff in the Sessions Court Suit. It is the Defendant ' s case before the Sessions Court that the Plaintiff has been in possession of the said Premises without any payment of the monthly token as agreed under the Management Agreement since August 2018.

[4] The Defendant (MRCS) has further pleaded before the Sessions Court that the Plaintiff (BMS) has allowed an unlicenced playschool