JUDGMENT

Che Mohd Ruzima Ghazali JCA:

Introduction

[1] Majlis Bandaraya Melaka Bersejarah (appellant/defendant), a statutory body established under the Local Government Act 1976 - Act 171 ( LGA 1976) ,was ordered by the High Court of Malacca to pay RM715,163.40 to the Badan Pengurusan Bersama Plaza Hang Tuah (respondent/plaintiff), a statutory body created under the Building and Common Property (Maintenance and Management) Act 2007 - Act 663 (BCPA 2007), being the maintenance charges and contribution to the sinking fund for the years of 2012 to 2014. The High Court also dismissed the appellant's/defendant's counterclaim to get back the sum paid to the plaintiff/respondent totalling RM249,115.30 for total failure of consideration in respect of the maintenance charges and contribution to the sinking fund for the year 2015. Aggrieved by the said order of the High Court, appellant/defendant appealed.

[2] For ease of reference, parties will be referred to by their acronym, MBMB for the appellant/ defendant and JMB for the respondent/plaintiff.

Brief Facts Of The Case

[3] MBMB owns five pieces of land in the city centre of Melaka (the Master Titles). By an agreement dated 8 March 1994, MBMB