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10 October 2024

Our Litigation Partners, Idza Hajar Ahmad Idzam and Nan Muhammad Ridhwan together with their Legal Associates, Muhammad Hibri, Aiesyah Mustafa and Pupil-in-Chambers, Saif Aslam Lokman from Zul Rafique & Partners’ Litigation Practice Group had on 4.10.2024, acted for Malaysia Airlines Berhad (“Plaintiff”) and succeeded in resisting a Stay of Execution Proceedings Application filed by Asia Pacific Higher Learning Sdn. Bhd. (“APHL”).


On 9.12.2019, the Plaintiff being a master tenant, obtained a Judgement to demand vacant possession of the premises from its tenant (“Judgement”). On 28.6.2024, the Plaintiff executed the Judgement by applying from the Court to request for leave to issue a Writ of Possession (“WOP”) against APHL, which is the sub-tenant in actual occupation of the premises. On 27.8.2024, APHL filed an application for a Stay of Execution Proceedings pending proceedings in 2 other suits and argued inter alia, that the WOP proceedings should be stayed as APHL would need to obtain approvals from statutory bodies to relocate to another property. APHL argued that a stay is necessary as the dispute involves a landed property, in which once lost may not be adequately compensated by damages.

It was submitted by the Plaintiff and accepted by the Court that:-

(a) APHL has previously informed the Plaintiff that they required two (2) years to vacate the premises from the year 2020, however it has been four (4) years and APHL is still using the same hardship that they require more time to move out. This excuse cannot be repetitively used after four (4) years; and

(b) APHL’s negotiation with the landlord of the premises has been ongoing for four (4) years however led to no result. If the landlord wanted to grant tenancy to APHL, the landlord would have done so already.

The Court agreed with the Plaintiff’s submission and APHL’s Stay of Execution Proceedings was dismissed with costs.

For more insights into this area of law, please contact our Litigation Partners:
P Jayasingam
Wong Keat Ching
Thavaselvi Pararajasingam
Idza Hajar Ahmad Idzam
Nan Muhammad Ridhwan Rosnan
Nur Syafinaz Vani Abdullah


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