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2024 MarsdenLR 1979

HIGH COURT MALAYA KUALA LUMPUR
ATAN MUSTAFFA YUSSOF AHMAD, J
RHB TRUSTEES BHD – Appellant
Versus
ALWAYS AHEAD (M) SDN BHD – Respondent


Petitioner Advocates:Kalearasu K Veloo,Eva Chang Chon Peng ,Respondent Advocate: CK Ung

JUDGMENT

Atan Mustaffa Yussof Ahmad J:

[1] Enclosure 1 is allowed. Order in terms is given for prayers (a), (b), (c) and (f). Costs of RM15,000.00 is ordered for the applicant on a standard basis. My broad grounds are as below.

Jurisdiction Of The High Court Of Malaya In Kuala Lumpur

[2] The respondent raised a preliminary objection on the jurisdiction of this Court to hear the present application. The respondent contended that the proper forum should be the High Court in Sungai Petani, Kedah as the subject property is located in Kulim, Kedah and the respondent's place of business is also in Kulim, Kedah. The respondent submitted that based on s 23(1) of the Courts of Judicature Act 1964 , the High Court in Malaya shall have jurisdiction in civil proceedings where the cause of action arose, where the defendant resides or has its place of business, where the facts on which the proceedings are based exist or are alleged to have occurred, or where the land in dispute is situated, within the local jurisdiction of the Court . The respondent argued that on the facts, three out of the four connecting factors point towards the High Court in Sungai Petani, Kedah as the appropriate

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