INNAB SALIL & ORS v. VERVE SUITES MONT' KIARA MANAGEMENT CORPORATION

[2020] 6 MLRA 244
Federal Court, Putrajaya
Tengku Maimun Tuan Mat CJ, Rohana Yusuf PCA, Mohd Zawawi Salleh FCJ
[Civil Appeal No: 02(i)-74-10-2019(W)]
Tengku Maimun Tuan Mat CJ, Rohana Yusuf PCA, Mohd Zawawi Salleh FCJ

JUDGMENT

Tengku Maimun Tuan Mat CJ:

Introduction

[1] This appeal relates to the appellants'/defendants' use of their apartment units for commercial purposes by letting them out for short-term rental. The dispute arose when the respondent/plaintiff took issue with the appellants/ defendants using their respective premises for such purposes.

[2] The respondent/plaintiff is a management corporation incorporated under the Strata Titles Act 1985 ('the STA 1985') to maintain and manage a development known as "Verve Suits" ('Verve Suites') located at No 8, Jalan Kiara 5, Mont Kiara, 50480 Kuala Lumpur. Verve Suites was built on a plot of land held under GM 8661, Lot 67344, Mukim of Batu, District of Kuala Lumpur ('Land'). The category of land use is 'Building' with the express condition that the Land shall be used for commercial building with the purpose of service apartments and commercial only.

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