Has Zanah Mehat JCA:

Introduction

[1] This is an appeal by the appellant/defendant ("appellant") against the High Court decision dated 18 May 2018 in assessing RM2,848,648.80 as damages for wrongful occupation of the premises at No 1 Jalan Tandang 203, off Jalan Tandang Section 51 Petaling Jaya Selangor ("the Subject Premises") to the respondent/plaintiff ("respondent").

[2] After perusing the appeal records, considering the submissions, both oral and written, we allowed the appeal with costs. We now give our reasons for the same.

Background Facts

[3] The respondent bought the Subject Premises through a public auction on 13 February 2014. At that time, the appellant was already in occupation of the Subject Premises under a tenancy agreement with the previous owner, a company known as Damai Adil Sdn Bhd ("the previous owner").

[4] On 5 December 2014, the High Court ordered the appellant to deliver vacant possession of the Subject Premises to the respondent and damages to be assessed up to the date of the delivery of vacant possession. Having failed to obtain vacant possession, the respondent sought leave to execute the judgment using a writ of possession. The writ was issued on 26