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2016 MarsdenLR 1848

HIGH COURT MALAYA KUALA LUMPUR
PRIMA AVENUE AND DPC (BLOCK G H 1) MANAGEMENT CORPORATION – Appellant
Versus
PUNCAK KENCANA SDN BHD & ORS – Respondent


Table of Content
1. plaintiff filed suit for declaratory relief regarding property rights. (Para 1 , 2 , 3 , 4)
2. the jmb's claim for common property. (Para 5)
3. jurisdiction of jmb and mc. (Para 6 , 9 , 16 , 30)
4. court considers locus standi and substitution of parties imperative. (Para 42 , 43)
[1] On 22 December 2014, the plaintiff filed this suit vide a writ of summons dated 22 December 2014 ("the writ") and a statement of claim dated 22 December 2014, through its solicitors, namely, M/s MahWengKwai & Associates, against the 1st, 2nd, 3rd and 4th defendants, to claim for various declaratory reliefs arising, inter alia, from the sale and purchase agreements for the car park bays, which were entered into between the 1st and 2nd defendants, to transfer ownership of 60 accessory parcels of car park bays in Blocks G, H and I of Dataran Prima Fasa 1 ("the 1st development") and 1,311 accessory parcels of car park bays ("the 1,311 car park bays") at levels 2, 3 and 3A of Prima Avenue ("the 2nd development").

[2] Subsequently, the plaintiff amended the writ and statement of claim vide the Order of the Court of Appeal dated 29 February 2016.

[3] On 7 March 2016, the plaintiff filed the amen

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