JUDGMENT

(Enclosure 19)

Zaleha Rose Pandin J:

Introduction

[1] This is an application by the Appellant vide Notice of Application in encl 19 for a leave to amend the Defence dated 28 February 2020 filed under suit No BKI-A72NCvC75/2-2020 in the manner as shown in red in the Amended Defence annexed therein, and for the Amended Defence be filed and served within fourteen (14) days from the date of this Order.

[2] Basically, the proposed amendment is to include the following sentences at the end of the 2nd paragraph of encl 6:

The Defendant overlooked that no license can be granted by the Majlis Perbandaran Sandakan for the Marks at the said Outlet because the License Agreement is different from the Defendant's existing business. By reason thereof, the parties are in pari delicto and performance of the License Agreement is illegal

Fact Of The Case

[3] The Respondents (who was the Plaintiff before the trial court) are at all material times Malaysian citizens of full age and trading under the name and style of Gen.z having an address at Ground Floor, Lot 1, Lintas Station, Lorong Lintas Plaza 2, Lintas Plaza, Jalan Lintas, Kota Kinabalu, Sabah, Malaysia.]

[4] The Appellant (who was the Defendant