Moses Susayan JC:

GROUNDS OF JUDGMENT

Introduction

[1]The appellant’s appeal arises from the Sessions Court’s dismissal of its application to determine three legal questions under Order 33 Rule 2 and 5 of the Rules of Court 2012. Following the filing of the appeal, the respondents raised preliminary objections, asserting that the appeal was incompetent and non-appealable under Sections 28(1)(a) and (c)Courts of Judicature Act 1964 (CJA)Section 28(1)(a)Section 28(1)(a)CJA

Background facts

[2]Meru Valley Resort Berhad (appellant), a housing developer, filed a claim against respondents the bungalow owners, over unpaid maintenance and security charges for services provided within the appellant’s resort. Under the Sale and Purchase Agreement, the respondents were contractually obligated to contribute to the costs of common services, including infrastructure maintenance, landscaping, and security services.

[3]The appellant alleges that, despite enjoying these facilities, the respondents stopped making full payments after 19 May 2017, resulting in an outstanding amount of RM5,735.89 as of 13 May 2022, along with accrued late payment interest. They argue that the non-payment constitutes a clear