TWENTY years ago, the English Court of Appeal was asked to decide on an action for possession brought by a landlord against a tenant whose tenancy had expired.

The relevant legislation barred recovery of possession by the landlord otherwise than under an order of the court.

Since it was accepted that an order for possession would constitute an interference with the tenant’s home, the argument centred on whether intrusion could be justified.

The court considered the impact that eviction would have on the tenant’s family life but held that the interference was justified and made the order accordingly.  

If the facts had been different, the court would have decided in favour of the defendant.

This explains why former law minister Wan Junaidi Tuanku Jaafar had clarified that the four Gabungan Rakyat Sabah members of parliament need not vacate their seats. 

Wan Junaidi said various reliable sources told him that the four MPs had resigned from the party in early October, which meant their resignations happened before they contested in the general election on November 19.  

“In which case, I have to agree with constitutional lawyer Tengku Fuad Ahmad that the anti-party hopping law does (not) affect them,” said the former minister. – December 13, 2022.  

* Hafiz Hassan reads The Malaysian Insight.  

* This is the opinion of the writer or publication and does not necessarily represent the views of The Malaysian Insight. Article may be edited for brevity and clarity.