JUDGMENT

Su Tiang Joo J:

Introduction

[1] This Court is tasked to decide the competing claims which have its origin from a tenancy agreement dated 23 January 2013 pertaining to the property known as Nos 71-75, Jalan Tuanku Abdul Rahman, 50100 Kuala Lumpur held under Geran 3013, Lot 153 s 33 Bandar and Daerah Kuala Lumpur ("the said Property").

[2] The trial of this action was first heard by His Lordship Justice Ahmad Bache on 25 and 26 January 2023 and continued by me when Justice Ahmad Bache was transferred to the Criminal Division of the High Court, After a further eight days of trial and following from exchanges of written submissions, the last two of which were tendered on 10 May 2024, I pronounced judgment on 10 May 2024, and these are the grounds for my decision.

Claim And Counterclaim

[3] The claim in the original action is by the plaintiff which is a private limited company (hereinafter called "KMSB") mainly to enforce an option to purchase a piece of property for RM20 million with the option housed in a tenancy agreement dated 23 January 2013 ("TA 1") it has with the first to the fourth defendants in the original action who were the then co-proprietors of the said Property. The