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HIGH COURT SABAH & SARAWAK KOTA KINABALU
ACTIVE WATER SDN BHD – Appellant
Versus
SAGAJUTA (SABAH) SDN BHD (IN LIQUIDATION) & ORS – Respondent
| Table of Content |
|---|
| 1. initial injunction granted due to service fee dispute. (Para 1 , 2 , 4 , 5) |
| 2. court's ruling on contractual obligations and service fee responsibilities. (Para 6 , 7 , 8) |
| 3. legal background on property management and ownership responsibilities. (Para 9 , 10 , 11 , 12 , 13 , 14) |
| 4. details regarding the sale and purchase agreement and its implications. (Para 15 , 16 , 17 , 18) |
| 5. final orders issued by the court regarding the injunction and costs. (Para 19 , 20) |
Preliminary
[1] An Interim ex parte injunction was earlier allowed in favour of the Plaintiff, an owner of a Penthouse ("Penthouse") in a condominium development within a mixed residential and commercial project in Kota Kinabalu known as Prince Tower, 1 Borneo, Jalan Sulaman ("Prince Tower" and "the Project") against the 3rd Defendant.
[2] Briefly, the Plaintiff fell into arrears in the payment of the service fees or contribution to the management fund ("Service Fees") for the Penthouse which it was contractually obligated to pay under the Sale and Purchase Agreement and an accompanying Deed of Mutual Covenants signed by the Plaintiff with the 1st Defendant when it purchased t
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