JUDGMENT

Yusrin Faidz Yusoff JC

Introduction

[1] In this case, the Plaintiff had applied for an order for sale over the Defendant's land which has been charged to the Plaintiff pursuant to O 83 of the Rules of 2012 ("the Rules")

[2] On 30 November 2023, after hearing the submissions of parties, I found that the Defendant had not satisfied the Court of the existence of any cause to the contrary under s 256(3) of the National Land Code 1965 ("NLC") I therefore allowed the Plaintiff's Originating Summons with costs fixed at RM5,000.00. This judgment is prepared for the Defendant's appeal based on their notice of appeal dated 29 December 2023

Background Facts

[3] Mohd Muzzammil Bin Mustapah and Jamrizal Bin Jamaludin ("the Borrowers") who were directors and shareholders of Muzzam Teknologi (M) Sdn Bhd ("Defendant") had applied to finance the purchase of their company's double storey shophouse situated at No 36, Jalan 9/7, Seksyen 9, 46350 Bandar Baru Bangi, Selangor Darul Ehsan held under individual title No HS(D) 97757, lot No PT 56990, Mukim of Bandar Baru Bangi, District of Ulu Langat, State of Selangor Darul Ehsan ("the said Property") under the Shariah concept of Ijarah Muntahiyah