JCW

Justin was the counsel for the first and second defendants. The 1st and 2nd Defendants were successful in their application to strike out the plaintiff’s writ and statement of claim as well as the application to set aside the ex-parte injunction order obtained by the plaintiff. It is worth noting that this is also the a case where the Malaysian Court held that when the land is owned by two or more registered proprietors, only one of registered proprietors cannot sue without involving the other(s). Further, the plaintiff’s failure to comply with the mandatory provision of Order 18 Rule 7 of the Rules of Court 2012 rendered the claim liable to be struck out and the breach of the mandatory rule cannot be cured under Order 1A or Order 2 Rule 3 of the Rules of Court 2012. This is also a case on the principle of law in respect of the prolixity and failure to plead material facts under Order 18 Rule 7 and the wrongful pleading of evidence leading to the striking out of the whole civil action.