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2003 MarsdenLR 1746 ; 2003 MarsdenLR 1

ABDUL MALIK ISHAK
KHOO YONG SENG – Appellant
Versus
NG CHOO PENG – Respondent


Advocates:
For the plaintiff - M Pathmanathan; M/s M Pathmanathan & Co
For the defendants - Francis Brigged; M/s Francis Brigged & Co

JUDGMENT

Abdul Malik Ishak J:

Introduction

By way of a summons in chambers in encl. 6, the plaintiff sought for the following orders:

(a) the defendants do give possession of the property known as No: 18, Jalan Inai, Off Jalan Imbi, Kuala Lumpur held under GRN 33300 Lot 236 Seksyen 0067 Bandar Kuala Lumpur (hereinafter referred to as the "property") to the plaintiff within 14 days of this order;

(b) damages for wrongful occupation of the premises be assessed; and

(c) that the defendants' counterclaim be dismissed with costs.

Enclosure 6 was supported by an affidavit affirmed by Dato' Khoo Yong Seng - the plaintiff herein, on 11 January 2002 as seen in encl. 5. By way of a response to encl. 5, the first defendant affirmed an affidavit styled as an "affidavit in reply of 1st defendant (No: 1)" on behalf of herself and she too made that affidavit on behalf of the second defendant and this very affidavit was affirmed by the first defendant on 25 January 2002 as seen in encl. 8. The plaintiff then affirmed an affidavit in reply on 10 April 2002 as seen in encl. 10 and this affidavit in reply responded to encl. 8. The first defendant responded to encl. 10 by affirming an affidavit in rep

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