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SESSIONS COURT SHAH ALAM
H K CAPITAL REALTY SDN BHD – Appellant
Versus
MPI TIMBER SDN BHD & ANOR – Respondent
| Table of Content |
|---|
| 1. facts of the tenancy and claims. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. identified key issues for determination. (Para 7) |
| 3. assessment of agreement enforceability amidst claims of illegality. (Para 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15) |
| 4. determination regarding liability and damages. (Para 35 , 39 , 45) |
| 5. final ruling and awarded reliefs. (Para 56 , 57) |
Grounds Of Judgment
A. Background Facts
[1] The Plaintiff is the owner of the Premise property whereas the 1st Defendant was the tenant to the Premises based on the Tenancy Agreement. The Second Defendant is one of the Director and Shareholder from the 1st Defendant company who had signed the Tenancy Agreement. The Plaintiff's claim against the 2nd Defendant is premised on the undertaking given by the 2nd Defendant as contained in para 7(o) of the Tenancy Agreement.
[2] The tenure of the Tenancy is for 2 years from 1 February 2019 to 31 January 2021 and the monthly rent payable is RM6,600.00 per month due and payable on or before the 7th day of each month.
[3] The 1st Defendant had only paid rent for the months of February, March and April 2019. The Defendants failed to pay any rental thereafter.
[4] T
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