HIGH COURT MALAYA KUALA LUMPUR
POEY YEE MENG & ORS – Appellant
Versus
TROPIKA ISTIMEWA DEVELOPMENT SDN BHD & ORS – Respondent
JUDGMENT
Introduction
[1] The Court in this case used its discretion on its own motion to strike out the plaintiffs' claim for being in non-compliance with the Rules of 2012 ("the Rules").
The Plaintiffs' Statement Of Claim
[2] The plaintiffs' claim as reflected in the Statement of claim seems to be a representative action involving 133 plaintiffs. The first few pages of the Statement of Claim are devoted to introducing each plaintiff.
[3] Be that as it may, in para 15 the 1st defendant is introduced as a the developer of a project called "The Meridin @ Medini" ("the Project") on a land held under HS(D) 478932 PTD 170665, Mukim Pulai, Daerah Johor Bahru, Negeri Johor ("the said land") belonging to the 2nd defendant, a private limited company incorporated under the Companies Act 1965.
[4] The 2nd defendant had leased the said land to Medini Land Sdn Bhd ("Medini Land") for a period of 99 years beginning from 15 April 2013 and ending on 14 April 2012 ("the said lease").
[5] The 3rd to the 13th defendants are banks and financial institutions.
[6] Medini land had entered into an agreement to sell the lease to the 1st defendant. Meanwhile the 1st defendant on purchasing the leas
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