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2020 MarsdenLR 27

HIGH COURT MALAYA JOHOR BAHRU
RIDERS LODGE SDN BHD – Appellant
Versus
TROPIK SENTOSA SDN BHD & ANOR – Respondent


Petitioner Advocates:Justin TY Voon,Chiam Jia Yann ,Respondent Advocate: Adi Radlan Abdul Rahman

JUDGMENT

Ahmad Kamal Md Shahid J:

Introduction

[1] This is a case on the issues of lease and loan in respect of a piece of land.

[2] Pursuant to a Consent Order dated 17 October 2017 entered between the parties in the Federal Court Civil Application No: 08-319-07/2017 (J), the parties have agreed amongst others for:

(1) Counterclaim be reinstated save that paragraphs on oppression and the reliefs in paras 35 (g) to (j) of the Counterclaim remain struck out.

[3] On 23 November 2017, the Defendants had filed an Amended Defence and Counterclaim following the said Federal Court Consent Order.

[4] On 14 May 2018 which is the first day of the trial date, the Plaintiff has dropped prayers (iv) and (v) in its Statement of Claim in relations to the issues of assignment and shares which are as follows:

iv) A Declaration that the said 29 December 2000 Letter from the 1st Defendant to the Plaintiff is not a valid assignment of debt to the 1st Defendant and there is no debt due from the Plaintiff to the 1st Defendant;

v) An Order that the 50,993 ordinary shares in the name of the 1st Defendant in the Plaintiff company be cancelled and/or returned to the Plaintiff.

[5] The Plaintiff further sought leave f


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