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HIGH COURT MALAYA KUALA LUMPUR
CBAL SDN BHD – Appellant
Versus
MENARA SAFUAN JOINT MANAGEMENT BODY – Respondent
| Table of Content |
|---|
| 1. establishment of unit ownership and maintenance responsibilities (Para 1 , 2 , 3 , 4 , 5 , 6 , 7) |
| 2. arguments regarding the legality of maintenance charges (Para 8 , 10 , 11 , 12 , 13) |
| 3. court's analysis of evidence and statutory provisions (Para 9 , 14 , 15 , 16 , 19 , 20 , 21 , 22 , 23) |
| 4. legal requirements for maintenance charge calculations (Para 18 , 28 , 29) |
(Appeal Against The Sessions Court's Decision)
Preliminary
[1] This is an appeal lodged by the appellant as defendant in the Session Court against the decision of the learned Session Court Judge dated 27 September 2024, which allowed the respondent's claim as the plaintiff therein, effectively ordering the defendant to pay to the plaintiff maintenance/service charges of RM594,827.03.
[2] The parties herein will be referred to as they were in the Sessions Court.
An Overview Of The Facts Of The Case
[3] The defendant is the owner of a unit located in Menara Safuan known as Unit No 23-02, Menara Safuan, No 80, Jalan Ampang, 50450 Kuala Lumpur.
[4] The plaintiff is a Joint Management Body ("JMB") that runs and manages Menara Safuan.
[5] Under the Strata Management Act 2013 [Act 757],
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