JUDGMENT

Aliza Sulaiman J:

(Encl 5)

[1] Two applications were heard by the court, namely:

(a) the application by the defendant in Encl 30 to strike out the Writ of Summons and Statement of Claim ('SoC') dated 2 February 2024 pursuant to O 18, r 19(1) of the Rules of 2012 ('RC 2012'); and

(b) the application by the plaintiffs in Encl 5 for an order pursuant to s 50 of the Specific Relief Act 1950 [Act 137] ('SRA 1950') and O 29, r 1 and O 92, r 4 of the RC 2012 for an interlocutory injunction to restrain the defendant, either by themselves and/ or their representatives from:

(i) destructing or demolishing a single storey building and its ancillary facilities, including, but not limited to, a swimming pool and other facilities ('Properties') which were erected on the land held under Geran Mukim Lot 37217, Mukim Petaling, Daerah Kuala Lumpur ('Land');

(ii) closing, blocking or doing any act to cause the Plaintiffs not to have access to the Properties;

(iii) making any threat to the Plaintiffs, in whatever form or manner, regarding the demolition of the Properties; and

(iv) implementing, carrying out or commencing the project or taking any action which is a condition for the commencement of the project, unless with leave from the court.

[2] After having considered the affidavit evidence and submissions of the parties, I had:

(a) allowed the defendant's application in Encl 30 only against P19, P30, P31, P63, P66, P70, P77 and P85 who were not the registered proprietors. The application was dismissed in respect of the other 156 plaintiffs; and

(b) allowed the plaintiffs' application in Encl 5.

[3] The Defendant is dissatisfied with my decision in respect of enclosure. These are my full grounds of judgment for the decision.

The Cause Papers

[4] The cause papers are as follows:

(a) Notice of Application dated 20 February 2024 (Encl 5);

(b) the plaintiffs' Affidavit In Support ('AIS') affirmed by P1, Chan Mui Choy on 20 February 2024 (Encl 6);

(c) the defendant's Affidavit In Reply ('AIR') affirmed by its Director, Lim Soo Jiuan on 14 March 2024 (Encl 8); and

(d) the plaintiffs' AIR affirmed by the same deponent on 3 April 2024 (Encl 12).

[5] The Defendant's AIR (2) affirmed on 17 April 2024 (Encl 14) and the plaintiffs' AIR (2) affirmed on 30 April 2024 (Encl 23) were both filed without leave of the court.

Background Facts

[6] The Defendant is a company incorporated in Malaysia with its registered address at 61-6B, Suite 1, Jalan SS 2/75, Petaling Jaya, Selangor. The Defendant is in the business of property development and management.

[7] In the 1990s, the defendant entered into Sale and Purchase Agreements ('SPA') with the purchasers, including the plaintiffs, to sell parcels in the Sri Desa Condominiums ('Condominium'). At the same time, a Deed of Mutual Covenants was also signed with each purchaser.

[8] The Condominium is located on a piece of land formerly bearing master title Geran Mukim 1766, Lot 37216, Mukim Petaling, Daerah Kuala Lumpur, Wilayah Persekutuan Kuala Lumpur until it was subdivided into strata titles and the Sri Desa Condominium Management Corporation ('MC') was established on 30 December 2002.

[9] At all material times, the defendant is the registered owner of the Land, which is a separate piece of land adjacent to, and outside of, the Condominium.

[10] The Properties were built on the Land, and the defendant granted permission to the MC for the residents of the Condominium to use the same.

[11] On 10 January 2023, the defendant issued a letter to the MC informing of its intention to demolish the Properties and the MC was asked to vacate the Properties; remove any belongings and properties that belong to the MC, residents of the Condominium or any users; cease the usage of the Clubhouse facilities by the residents or any users; and advise all residents or any users to remove their vehicles parked at the car parking area around the Properties on or before 5.00pm on 9 February 2023 ('Notice to Demolish the Properties').

[12] This was met with