Abdoolcader SCJ

(delivering the Judgment of the Court): In these proceedings instituted by the appellant as the landlord of premises No. 287-L, Jalan Aman, Kulim against the respondents as the principal office-bearers of Teo Kheow Club, Kulim ('the club'), an unincorporated society registered under the Societies Act, 1966 ('the Act'), for a declaration that the club is not the tenant of the premises in question, vacant possession thereof and damages, the parties agreed to dispense with evidence on the basis that the crux of the matter involved a pure question of law, and by consent the only and cardinal issue presented for curial determination was whether an unincorporated society has the legal capacity to hold a tenancy in suo nomine. Mustapha bin Hussain, J. held that it can and accordingly dismissed the appellant's action.

Proceeding straight to a consideration of the basic issue in question, it is settled law that a lease or tenancy cannot be granted to an unincorporated society which has no legal personality as it is only a composite entity of fluctuating content and not a persona legalis Jarrot v Ackerly (1915) 113 LT 371 is a decision to this effect, and this principle has b