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2018 MarsdenLR 1861
HIGH COURT SABAH & SARAWAK KOTA KINABALU
SEBUMI MAGNETIK SDN BHD – Appellant
Versus
YOU FUI MING – Respondent
[Civil Suit No: BKI-22NCVC-133-12-2017]
A plaintiff may claim double rent for unlawful occupation after tenancy termination, as per the Civil Law Act.
Headnote:The court examined the assessment of damages for trespass, determining that the plaintiff was entitled to recover damages for double rent due to the defendant's unlawful occupation after a tenancy agreement termination (s 28(4)(a) of the Civil Law Act 1956). The court highlighted the need for credible evidence to substantiate rental claims, citing principles established in relevant case law. The resulting judgment granted damages totaling RM3,991,669.28 for the period claimed, with statutory interest and costs awarded.
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| 1. application procedures for judgment in default due to non-response. (Para 1 , 2 , 3 , 4) |
[1] The matter before the court is a Notice of Appointment of Assessment of Damages under O 37 r 1 of the Rules of 2012 ("ROC 2012") under encl 23.
The Order Dated 2 July 2018
[2] This court had prior to this on 2 July 2018, granted an Order pursuant to the plaintiff's Notice of Application under O 13 r 6 and O 19 r 7 of the ROC 2012 under encl 11 in the following terms:
(1) the defendant to pay the plaintiff the sum of RM17,112.13 representing rental in arrears and interest as at 31 August 2013;
(2) the defendant to pay judgment interest at the rate of 5% per annum on the sum of RM17,112.13 from the date of judgment until the date of full payment;
(3) the defendant to pay damages and compensation for trespass including aggravated and exemplary damages to be assessed for the period from 1 June 2013 until 1 June 2018;
(4) the defendant to pay judgment interest at the rate of 5% per annum on the damages and compensation awarded from 2 August 2018 until the date of full payment; and
