JUDGMENT

Roz Mawar Rozain J:

[1] The Plaintiff is a company incorporated under the laws of Malaysia whilst the defendant, also known as Calvin, is a Malaysian citizen.

[2] This action concerns the Plaintiff's claim for vacant possession of a property located at No 1, Jalan Impian Indah 2, Taman Impian Indah, Bukit Jalil, 57000, Kuala Lumpur (Property) held under Hakmilik No P.N 41887, Lot 44196, Mukim Petaling, Daerah dan Negeri Wilayah Persekutuan Kuala Lumpur.

[3] The Plaintiff seeks an order for vacant possession of the Property and damages for trespass (also aggravated and exemplary). The Defendant filed a counterclaim seeking declarations that the Sale and Purchase Agreement dated 23 June 2020 (SPA) and Form 14A dated 8 September 2020 are invalid and that the transfer of the Property should be set aside on grounds of an alleged illegal moneylending transaction.

[4] After a full trial with the production of witnesses' testimony and contemporaneous documentary evidence, this court finds that the plaintiff has proven its case on a balance of probabilities. The Plaintiff's claim for vacant possession of the Property is allowed. The reasons in coming to that decision and the assessment