HIGH COURT MALAYA KUALA LUMPUR
AMALAN SETAR (M) SDN BHD – Appellant
Versus
AKAR SERANTAU SDN BHD & ORS (ENCLS 9 11 14 & 16) – Respondent
JUDGMENT
Introduction
[1] This judgment deals with four interlocutory applications which arose from a writ action. In chronological order these are first, the first defendant's application to strike out the plaintiff's claim (Encl 9); secondly, the second and third defendants' application to strike out the same claim (Encl 11); thirdly, the plaintiff's application for summary judgment (Encl 14); and fourthly, the plaintiff's application to strike out the defendant's counterclaim (Encl 16).
[2] At the end of the hearing which was conducted via the platform of zoom video technology, I dismissed the defendants' applications and allowed those of the plaintiff. This judgment contains the full reasons for my decisions.
Key Background Facts
The Parties
[3] The plaintiff company is the registered and beneficial owner of the land and building erected on the land situated at Lorong Datuk Sulaiman Satu in Taman Tun Dr Ismail, Kuala Lumpur ("the Premises").
[4] The first defendant company is involved in the business of running a kindergarten education centre under the style of "Tadika Diyana." The second and third defendants are the directors of the first defendant.
[5] The
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