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MALAYSIA

IN THE SESSIONS COURT OF SABAH & SARAWAK AT SANDAKAN


SUIT NO.
BETWEEN
PLAINTIFF
AND
DEFENDANT
THE HONOURABLE YANG AMAT ARIF TAN SRI DATUK SERI PANGLIMA RICHARD
MALANJUM, P.S.M., S.P.S.K., S.S.A.P., S.I.M.P., S.P.D.K., P.G.D.K., CHIEF JUDGE OF
SABAH & SARAWAK, IN THE NAME OF THE YANG Dl-PERTUAN AGONG
TO:

Defendants Name
Defendants Address
90000 Sandakan, Sabah
Malaysia

WE COMMAND you that within FOURTEEN (14) days after the service of this writ on
you, inclusive of the day of such service, you do cause an appearance to be entered for
you in a cause at the suit of plaintiffs name.
AND TAKE NOTICE, that in default of your so doing the Plaintiff may proceed therein to
judgment and execution.
Witness Registrar of the Sessions Court in Sabah and Sarawak the 19th day of

April

2013

.............................................
PLAINTIFFS SOLICITORS

..
DEPUTY/ ASSISTANT REGISTRAR
SESSIONS COURT
KOTA KINABALU
_______________________________________________________________________
MEMORANDUM TO BE SUBSCRIBED ON THE WRIT

The Writ may not be served more then six (6) months after the above date unless
renewed by order of the Court.
The Defendant (or Defendants) may appear hereto by entering an appearance (or
appearances) either personally or by solicitor at the Registry of the Court.
A Defendant appearing personally may, if he desires, enter his appearance by post, and
the appropriate forms may be obtained by sending a Postal Order for RM20.00 with an
addressed envelope to the Registrar, Sessions Court at Kota Kinabalu, Sabah, Malaysia.
_______________________________________________________________________
Endorsement to be made on writ before issue
Endorsement of claim
(1)

The sum of RMxxx due and owing to the Plaintiff;

(2)

Discretionary interest at the rate of 5% per annum on the sum of RMxxx

from

August 2011 to the date of judgment;


(3)

Statutory interest at the rate of 5% per annum on the sum of RMxxx from the date
of Judgment to the date of full payment;

(4)

The Plaintiffs Solicitors fees on a Solicitors/Clients basis and based on the


Advocates Remuneration Rules 1988 for time being enforce;

(5)

Further or other relief which this Honourable Court may deem fit and proper to
grant;

(6)

And RM408.00 (or such sum as may be allowed on taxation) for costs and also, if
the 1st and Plaintiffs obtain an order for substituted service, the further sum of
RM300.00 (or such sum as may be allowed on taxation). If the amount claimed
and costs be paid to the Plaintiff or his solicitor within 8 days after service hereof
(inclusive of the day of service), further proceedings will be stayed,

but if it

appears from the endorsement on the writ that the Plaintiff is resident outside the
scheduled territories, as defined by the Exchange Control Act 1953, or is acting by
order or on behalf of a person so resident, proceedings will only be stayed if the
amount claimed and costs is paid into court within the said time and notice of such
payment in is given to the Plaintiff or their solicitor.
INDORSEMENT AS TO SOLICITOR AND ADDRESS

This WRIT is issued by Messrs. Tan Chong & Associates of Plaintiffs Solicitor for the
Plaintiff whose address for service is at No. 70, Lot 6, 1 st Floor, Block J, Sadong Jaya,
Jalan Ikan Juara, 88000 Kota Kinabalu, Sabah, Malaysia.

ENDORSEMENT OF SERVICE
This Writ was served by

. by way of

personal service on the Defendant/s (who are known to me) (or who was pointed out to
me by ..) (or who admitted to me that he was) at
............................ on .. the
.. day of ...2012 at .. a.m. / p.m.
(stated manner of service or in accordance with the terms of an Order for substituted
Service).

Endorsed the .. day of 2013.

.
Process-server

MALAYSIA
IN THE SESSIONS COURT OF SABAH & SARAWAK AT SANDAKAN

SUIT NO. _________________________OF 2013


BETWEEN
PLAINTIFF
AND
DEFENDANT
STATEMENT OF CLAIM
1.

The Plaintiff is at all material times the Landlord to the Defendant and having its
correspondence address at xxx.

2.

The Defendant is at all material times the Plaintiffs tenant, trading under the name
and style of xxx and having its correspondence address at xxxx.

3.

By the Tenancy Agreement in writing dated the xxx, the Plaintiff had rented to the
Defendant all the Ground Floor of the building described as xxxx

(hereinafter

referred to as the Demised Premises) at the rent of RMxxxx only per month
payable before seventh day of each month.
4.

The Defendant tendered their 3 months notice of earlier termination effective from
xxx to xxx of the Tenancy Agreement.

5.

However, the Defendant had failed to deliver the Demised Premises in a tenantable
condition

and despite the Plaintiff numerous request to remedy her fault, the

Defendant has wrongfully failed to remedy her fault which cause the Plaintiff to
suffer loss and damages to maintain the Demised Premises in tenantable condition.

-26.

Particulars of Costs incurred by the Plaintiff:-

PARTICULARS
I.

COSTS(RM)

Reinstate the glass door and glass panel

xxx

with tinted glass at the front entrance of the


Demised Premises
II.

Repair/return the steel/metal supporting frame

xxx

(leg) of the water tank at the Demised Premises


And reinstall all the water pipes/pipelines to the
original location of the water tank at the Demised
Premises
III.

7.

Reinstate the light box with lighting to the Demised

xxx

Premises

_______

TOTAL

xxxxxxx

Moreover, the Defendant has failed to pay the outstanding rental sum amounting to
RMxxxx which was due and owing for the month of January xxxx and February
xxxx.

8.

The Plaintiff has through their solicitors, Messrs Tan Chong & Associates
demanded the sum of RMxxx from the Defendant vide a Notice of Demand dated
10.12.2012, however as of to-date the

Defendant has failed, refused and/or

neglected to comply with the said Notice of Demand to pay the said sum of RMxxxx
or any part thereof to the Plaintiff.
WHEREFORE the Plaintiff claims against the Defendant the following:(1)

The sum of RMxxx due and owing to the Plaintiff;

(2)

Discretionary interest at the rate of 5% per annum on the sum of RMxxxx from
August 2011 to the date of judgment;

-3(3)

Statutory interest at the rate of 5% per annum on the sum of RMxxx from the date
of Judgment to the date of full payment;

(4)

The Plaintiffs Solicitors fees on a Solicitors/Clients basis and based on the


Advocates Remuneration Rules 1988 for time being enforce;

(5)

Further or other relief which this Honourable Court may deem fit and proper to
grant.

(6)

And RM408.00 (or such sum as may be allowed on taxation) for costs and also, if
the 1st and Plaintiffs obtain an order for substituted service, the further sum of
RM300.00 (or such sum as may be allowed on taxation). If the amount claimed
and costs be paid to the Plaintiff or his solicitor within 8 days after service hereof
(inclusive of the day of service), further proceedings will be stayed, but if it
appears from the endorsement on the writ that the Plaintiff is resident outside the
scheduled territories, as defined by the Exchange Control Act 1953, or is acting by
order or on behalf of a person so resident, proceedings will only be stayed if the
amount claimed and costs is paid into court within the said time and notice of such
payment in is given to the Plaintiff or their solicitor.

Dated this xxx

__________________________________
MESSRS TAN CHONG & ASSOCIATES
Advocates for the Plaintiff

This STATEMENT OF CLAIM is issued by Messrs. Tan Chong & Associates, Advocates
for the Plaintiff whose address for service is at No. 70, Lot 6, 1st Floor, Block J, Sadong
Jaya, Jalan Ikan Juara, 88000 Kota Kinabalu, Sabah, Malaysia.

MALAYSIA
IN THE SESSIONS COURT OF SABAH & SARAWAK AT SANDAKAN
SUIT NO. _________________________OF 2013

BETWEEN
PLAINTIFF
AND
DEFENDANT

*****************************************
WRIT OF SUMMONS
****************************************

Filed this xxx

MESSRS. TAN CHONG & ASSOCIATES


ADVOCATES & SOLICITORS,
NO. 70, LOT 6, 1ST FLOOR, BLOCK J,
SADONG JAYA, JALAN IKAN JUARA,
88000 KOTA KINABALU, SABAH.

[Ref No. xxxxx]