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HIGH COURT MALAYA JOHOR BAHRU
YKK (MALAYSIA) SDN BHD – Appellant
Versus
PENGARAH TANAH DAN GALIAN JOHOR – Respondent
Certainly. Based on the provided legal document, here are the key points summarized with references:
The applicant (Plaintiff) is seeking specific performance of Clause 7 of the lease agreement, which pertains to the renewal rights of the land described in the lease (!) .
The application includes a request for the defendant (Respondent) to issue all necessary documents and forms to facilitate the renewal process, including informing the applicant of the applicable premium and rent for a new 30-year lease upon exercise of the renewal option (!) (!) .
As an alternative, the applicant seeks a declaration that the defendant's decision to freeze the renewal rights is illegal, ultra vires, and a breach of the lease and constitutional rights, affirming the applicant’s entitlement to exercise the renewal clause (!) (!) (!) .
The applicant also claims general damages, aggravated or exemplary damages, and interest on the damages at 5% per annum from the date of the order until full realization (!) (!) (!) .
Please let me know if you need a more detailed analysis or specific legal advice regarding this case.
| Table of Content |
|---|
| 1. plaintiff's application for renewal rights under the lease. (Para 1 , 2 , 3) |
| 2. entitlement and reliance on the automatic renewal clause. (Para 6) |
[1] This is an application by the Plaintiff by way of originating summons (OS) dated 15 August 2016 (Enclosure 1) for the following orders:-
1. Specific performance of Clause 7 of the Special Conditions to the Lease dated 31 July 1960 in respect of the land described as HSD 4981, Lot TLO 6893, Bandar Johor Bahru, Johor Bahru, Johor (" the Land").
2. Consequent upon Prayer 1, that the Defendant do, within 14 days of this Order:-
(a) issue Borang 12A pursuant to s 197 of the National Land Code 1965 (NLC) Borang Jadual 1 pursuant to the Johor Land Rules and all the other relevant and necessary forms and/or documents to the Plaintiff; and
(b) inform the Plaintiff the sums payable as the appropriate premium based upon the undeveloped value of the Land and rent at the current rates to enable the Plaintiff to surrender the Lease and obtain in exchange thereof a new Lease for a term of 30 years from the date of the Plaintiff's exercise of the option pursuant to clause 7 of the Special Conditions to the Lease.
3. As an alternative t
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