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APPELLATE JURISDCITION
CIVIL APPEAL NO :______________2015
BETWEEN
AND
GUZZI SDN. BHD.
(Company Registration No: 238629-W)
RESPONDENT
BETWEEN
PLAINTIFF
AND
GUZZI SDN. BHD.
(Company Registration No: 238629-W)
1
DEFENDANT
-----------------------------------------------------------------------------------------------CORUM:
Y.A. DATO HAJI AKHTAR BIN TAHIR
JUDGE
HIGH COURT OF MALAYA
SHAH ALAM, SELANGOR DARUL EHSAN
-----------------------------------------------------------------------------------------------PLAINTIFFS COUNSEL
DEFENDANTS COUNSEL
------------------------------------------------------------------------------------------------
GROUNDS OF JUDGMENT
Introduction
1)
The Claim by the Plaintiff against the Defendant in the present suit
has been disposed of by way of Order 14A of the Rules of Court
2012. Parties in this suit were directed by the court on its own
motion to submit on the following points of law:
a) Whether the factory which was the subject matter of the tenancy
agreement, was built on a land with the condition "agriculture";
b) Whether or not the plaintiff had failed to apply for a license from
MBPJ for conducting the business of manufacturing furniture.
2)
3)
4)
said factory and to rectify the land on which the said factory was
being built into its original status failing which penalty and jail
sentenced might be imposed.
5)
This situation had left the Plaintiff with no other choice but to
terminate the Tenancy Agreement.
Plaintiffs Claim
6)
7)
Defendants Defence
8)
9)
the
Defendant
5
had
never
met
with
the
his
intention
to
terminate
the
Tenancy
Findings
12.
(1)
may alienate land under this Act subject to such express conditions
and restrictions in interest conformable to law as it may think fit.
(2) The conditions and restrictions in interest to be imposed under
this section in the case of any land shall be determined by the
State Authority at the time when the land is approved for
alienation.
(3)
(b)
refrained from until any time, upon the doing of that act
before that time.
13.
14.
15.
(a)
it is forbidden by a law;
(b)
(e)
policy.
In each of the above cases, the consideration or object of an
agreement is said to be unlawful. Every agreement of which the
object or consideration is unlawful is void.
16.
The applicants have let the land together with a factory building on
it to the respondents solely for the purposes of operating a factory.
For this purpose the respondents have erected machinery on the
9
land. It is clear that the land is being let out in breach of the
conditions under section 120 of the National Land Code. In my
opinion the use of the land is therefore unlawful and the letting out
of the land for the unlawful purpose would be illegal.
contravening
section
44 of
the
Motor
Vehicles
Enactment, 1928. It was held that both the parties were in pari
delicto and that the driver could not claim any wages from the
owner. There was nothing illegal in agreeing to drive a car for hire,
but if the object of the agreement was to drive an unlicensed
10
17.
18.
19.
12
21.
On the other hand, the Plaintiff had only contended that whether or
not the Plaintiff has any valid license to operate on the said factory
has no consequences to the Plaintiffs claim as the Plaintiff would
not have been able to obtain any approval from the MPSJ for a
business license as the said factory itself did not have any prior
approval from the said MPSJ.
22. In my view, in any way the stand taken by the Plaintiff could not
prevail. Not only that the industrial activity is conducted on an
agricultural land, the operation of the business itself is without a
valid license. An illegal act cannot prevail over another illegal act.
23.
13
25.
In the case of Lee Nyan Hon & Bros Sdn Bhd v Metro Charm
Sdn Bhd [2009] 6 MLJ 450, it was held at headnote [3],
paragraphs 67 and 68 that:
court
in Clunis
14
Camden
and
Islington
Health
No court will lend its aid to a man who founds his cause of
action upon an immoral or an illegal act. If, from the plaintiff's
own stating or otherwise, the cause of action appears to
arise ex turpi causa, or the transgression of a positive law of
this country, there the court says he has no right to be
assisted. It is upon that ground the court goes; not for the
15
sake of the defendant, but because they will not lend their aid
to such a plaintiff.
26.
Further, equity cannot assist a party who does not come with clean
hands. In Teng Meow Ching v Chia Ngim Fong & Anor [1991] 3
MLJ 452, the High Court states at headnote [3] as follows:
27.
16
28.
29.
Conclusion
30.
31.
18
COUNSELS
19
Respondent