JUDGMENT

Ahmad Bache J:

(Appeal From Session's Court - Striking Out Application)

A. Introduction

[1] The Plaintiff/Appellant is a Management Corporation established under The Strata Management Act 2013 . The Defendant/Respondent is the Developer of the Apartment called The Sri Ixora Apartment ("Apartment").

[2] The Plaintiff/Appellant had filed a claim against the Defendant/Respondent at the Session's Court amongst others to surrender record of accounts, relevant documents and to hand over monies received and collected whilst the building was managed and maintained by the Defendant and the Joint Management Body (JMB) earlier.

[3]Vide Enclosure (7), the Defendant/Respondent had made an application to the Session's Judge to strike out the Plaintiff's Writ and Statement of Claim under O 18, r (1)(a), (b), (c), (d) of the Rules of 2012.

[4] After hearing submissions from parties, the Session's Judge allowed the Defendant's application to strike out the claim with cost.

[5] Dissatisfied, the Plaintiff/Appellant filed an appeal to this Court. After hearing submissions from both parties, this Court had allowed the Plaintiff's appeal and the claim was hence reinstated.

[6] Dissatisfied, the Defen