CHOO KAH SING

DECISION

(Enclosure 4)

Introduction

[1]This was an application (encl. 4) filed by the plaintiff seeking for an interlocutory junction to restrain the defendant or its agents from terminating the supply of electricity to the premises known as No. 247, Kilang Ais, Jalan Suasa 2/2, Taman Suasa, 09000 Kulim, Kedah Darul Aman (hereinafter referred to as ‘the premises’) pending the disposal of the main suit.

[2]The defendant had raised a preliminary point for this Court to consider before hearing the substantive argument of the application of the plaintiff. The preliminary point which the defendant raised was that the plaintiff has no locus standi in this main suit, and that, flowing from this, this court need not entertain the plaintiff’s application.

[3]On 28.8.2016, this Court dismissed the plaintiff’s application. The plaintiff was not satisfied with the decision of this Court and filed an appeal to the Court of Appeal. This Decision serves as the grounds for this Court’s decision, and the reasons are set down as below.

Brief Background Facts The proceedings (Encl. 4)

[4]The parties had filed their affidavits and submissions in the following chronological order as below: