JUDGMENT

Hadhariah Syed Ismail JCA:

Introduction

[1] The appeal by the appellants (the 2nd defendant and 10th defendant respectively) is against the decision of the High Court dated 5 October 2020 dismissing the appellants' application to strike out the respondent's writ of summons and statement of claim.

[2] We heard and allowed the appeal on 4 January 2022. Our reasons for the decision are stated below.

[3] In this judgment, the parties will be referred to as they were in the High Court.

Salient Fact

[4] The 1st defendant's company is the tenant of the plaintiff with regard to 7 premises at Oasis 9, Jalan Tengku Ampuan Zabedah G/9, Seksyen 9, 40100 Shah Alam. Tenancy agreements were executed and signed between the plaintiff and the 1st defendant in respect of the 7 premises.

[5] At all material times, the 1st defendant's company operated all 7 premises as an Arabic food restaurant and banquet hall known as "Restoran Zamzam".

[6] The 1st defendant's company defaulted the tenancy agreements by non-payment of rental and refusal to surrender vacant possession upon expiry of the said tenancies.

[7] Via Shah Alam Sessions Court Suit No: B52 NCVC-21-02-2018 (Suit 21), the plaintiff sued the 1st d