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2007 MarsdenLR 760

HIGH COURT MALAYA KUALA LUMPUR
PENGURUSAN DANAHARTA NASIONAL BERHAD – Appellant
Versus
YONG WAN HOI & ANOR (NO 2) – Respondent


JUDGMENT

Abdul Malik Ishak JCA :

Introduction

[1] This is the plaintiff's application for leave to issue a writ of possession against the defendants as seen in enclosure 21. It is a sequel to the first case which has since been reported in three popular local law journals, namely:

(a) Pengurusan Danaharta Nasional Berhad v. Yong Wai Hoi & Anor [2007] 5 AMR 584;

(b) Pengurusan Danaharta Nasional Berhad v. Yong Wai Hoi & Anor[2007] 2 MLRH 735, [2007] 6 MLJ 709; and

(c) Pengurusan Danaharta Nasional Berhad v. Yong Wai Hoi & Ors[2007] 2 MLRH 735, [2007] 6 MLJ 709 ;

[2] Enclosure 21 is worded in this way:

"LET ALL PARTIES concerned attend before the Judge/Senior Assistant Registrar in Chambers on the 1st day of September 2006 at 9.00 a.m. on the hearing of an application of the Plaintiff named above for an Order that the Plaintiff be given leave to issue a Writ of Possession against the First and (the) Second Defendants on the Order herein dated the 23rd day of March, 2006 pursuant to Order 45 rule 3 of the Rules of the High , 1980 and that the costs of and costs occasioned by this application be paid by the First and (the) Second Defendants. The grounds for this application are as stated in

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