KAM SWEE KEONG v 1. ) LOW WEN LOONG 2. ) EE INN LIAN

ba-12b-125-11-2024 High Court (Mahkamah Tinggi) 29 July 2025 • BA-12B-125-11/2024 • 10 min read
3 cases cited (0 SG, 3 foreign)

Catchwords

Appeal against the decision of the learned Sessions Court Judge. Tenancy dispute arising from a tenancy agreement on the termination of the tenancy, the return of the deposit, and the Respondents’ claim for double rental under section 28(4)(a) of the Civil Law Act 1956. Appeal is allowed. Counterclaim for the balance of the tenancy deposit is allowed.

Practice Areas

Appeal against the decision of the learned Sessions Court Judge. Tenancy dispute arising from a tenancy agreement on the termination of the tenancy, the return of the deposit, and the Respondents’ claim for double rental under section 28(4)(a) of the Civil Law Act 1956. Appeal is allowed. Counterclaim for the balance of the tenancy deposit is allowed.

Judges (1)

Noor Hayati binti Haji Mat Delivered

Counsel (4)

T.L. Chen & Co. Firm Wong Siew Nam & Associates Firm Choo Yeong Shing Counsel Respondent Wong Siew Nam Counsel Appellant

Parties (3)

Ee Inn Lian Respondent Kam Swee Keong Appellant Low Wen Loong Respondent

Case Significance

KAM SWEE KEONG v 1. ) LOW WEN LOONG 2. ) EE INN LIAN is a High Court (Mahkamah Tinggi) decision dated July 29, 2025 (citation: ba-12b-125-11-2024). <p>A tenant appealed against the Sessions Court decision which awarded double rental to the landlords under s.28(4)(a) of the Civil Law Act 1956 in a tenancy dispute over a premises used for a kitchen cabinet business. The High Court allowed the appeal, finding the landlords were the defaulting party for demanding rental exceeding the contractual renewal rate, and that the tenant's failure to deliver vacant possession on 1 May 2024 was caused by the landlords' non-attendance. The tenant's counte The case was decided by Noor Hayati binti Haji Mat. Counsel appearing: Choo Yeong Shing (counsel for respondent), Wong Siew Nam (counsel for appellant).

Summary

A tenant appealed against the Sessions Court decision which awarded double rental to the landlords under s.28(4)(a) of the Civil Law Act 1956 in a tenancy dispute over a premises used for a kitchen cabinet business. The High Court allowed the appeal, finding the landlords were the defaulting party for demanding rental exceeding the contractual renewal rate, and that the tenant's failure to deliver vacant possession on 1 May 2024 was caused by the landlords' non-attendance. The tenant's counterclaim for the deposit balance of RM7,800 was allowed.

What was the outcome of KAM SWEE KEONG v 1. ) LOW WEN LOONG 2. ) EE INN LIAN?

<p>A tenant appealed against the Sessions Court decision which awarded double rental to the landlords under s.28(4)(a) of the Civil Law Act 1956 in a ...

Statutes Cited

Civil Law Act 1956
s 28(4)(a)

Cases Cited (3)

MY (3)
[1983] 1 MLJ 65 [2006] 2 MLRH 524 [2013] 2 MLJ 650