High Court asks DBKL to reconsider stay bid on RM1.3m award to Cheras couple
The High Court has asked Kuala Lumpur City Hall (DBKL) to reconsider its application to stay payment of about RM1.3 million awarded to a retired couple for damage to their Cheras home caused by neighbouring construction. The judge questioned DBKL's grounds for the stay, noting the council's revenue
PETALING JAYA (Oct 7): A retired couple awarded about RM1.3 million for damage to their Cheras home caused by neighbouring construction remain involved in court proceedings, with the High Court asking Kuala Lumpur City Hall (DBKL) to reconsider its application to stay payment.
Judge Gan Techiong asked DBKL’s counsel Mohd Ruzaini Zulkifli to obtain further instructions on the application concerning the award to Datuk Adnan Azizon and his wife Datin Aziah Ahmad. DBKL is appealing the judgment that held it and developer Fame Modulation Sdn Bhd, which is in liquidation, jointly and severally liable for damage to the couple’s home in Alam Damai. The stay application remains pending, with the hearing scheduled to continue on Oct 16.
Ruzaini argued that paying the award would affect DBKL’s expenditure on road maintenance and rubbish collection, and that the council had no budget allocation for the payment. The couple’s counsel, Cheow Wee, disputed those grounds, arguing that DBKL had not shown special circumstances warranting a stay or provided financial evidence supporting its contention that payment would disrupt its obligations. Cheow cited DBKL’s 2023 audited accounts, which he said recorded a RM2.3 million contingent liability relating to the suit.
Gan directed him to file the relevant document with an affirmed affidavit by Oct 8, rather than rely on an unsworn statement in court. DBKL was directed to respond by Oct 15. The judge also questioned DBKL’s position in light of its revenue and the development charges it had collected. He noted that construction had been allowed to resume two weeks after a stop-work order, resulting in further damage to the couple’s property.
The dispute arose from construction of Montena Sovo Suites, a 29-storey commercial development by Fame Modulation. According to an earlier report on the judgment, piling and excavation works caused cracks and structural damage to the neighbouring home. Adnan, a retired senior police officer, and Aziah, a retired headmistress, were forced to move out with their four children over fears that the house could collapse.
In the April 24 judgment, reported in August, Gan awarded RM300,000 in general damages for prolonged hardship and displacement, RM160,000 for alternative accommodation rentals, and RM819,000 for repairs and associated relocation expenses. The court also ordered payment of RM17,080 for civil engineer fees and RM20,000 for quantity surveyor fees, alongside RM100,000 in costs. In his reported written grounds, Gan found that DBKL had allowed construction to resume without adequate safeguards or remedies for the affected homeowners. He also said the developer had failed to fulfil its undertaking to repair the house. After years of waiting, the couple obtained a Bank Rakyat loan to fund repairs so they could return home, having rented elsewhere for 10 years.
