Successful Defence Against Electricity Theft Case in Bandar Baru Bangi Sessions Court
Date of Judgment: 19 November 2025
Court: Bandar Baru Bangi Sessions Court
On 19 November 2025, we, JY Ko Advocates & Solicitors achieved a decisive victory at the Bandar Baru Bangi Sessions Court, successfully defending our client against a baseless third-party claim filed by the property Owner/Landlord in an electricity theft case initiated by Tenaga Nasional Berhad (TNB).
This judgment highlights our firm’s litigation strength, strategic advocacy, and unwavering commitment to protecting individuals who are unfairly dragged into disputes without sufficient factual or legal basis.
⭐ Background of the Case
TNB’s Claim
TNB filed a civil claim against the Owner/Landlord for alleged electricity theft at a premises in Bandar Baru Bangi.
Owner/Landlord’s Attempt to Shift Liability
In response, the Owner/Landlord issued a third-party notice against our client, claiming that our client was the “tenant” responsible for the property during the period of alleged electricity theft.
Their primary basis?
Our client had made rental payments for approximately 15 months on behalf of the actual tenant.
The Owner attempted to equate these payments with tenancy — a claim we systematically dismantled in court.
❌ Evidence Presented by the Owner/Landlord: Insufficient and Unsupported
Despite alleging a landlord-tenant relationship with our client, the Owner/Landlord failed to produce even the most basic evidence. Throughout cross-examination and trial, it became clear that the Owner had:
- No proof of deposit payment from our client
- No evidence of any deposit refund to our client
- No tenancy agreement (written or verbal corroboration)
- No communication records (messages, emails, letters) with our client
- No letter of demand ever issued to our client
- No proof our client paid electricity bills or water bills
- No dealings or relationship between our client and the actual tenant
- Only met our client once — when TNB filed the case
The only fact was rental payments made by our client on behalf of someone else — which the court agreed does not create a tenancy relationship.
🧑⚖️ Court’s Findings and Judgment
After reviewing the documentary evidence and hearing submissions, the Sessions Court held that:
- A landlord-tenant relationship cannot be inferred merely from rental payments made on behalf of another party.
- The Owner/Landlord failed to prove that our client was ever their tenant.
- There was no basis in law or fact to bring a third-party claim against our client.
- Our client should not bear liability for alleged electricity theft committed by unknown individuals.
The court dismissed the third-party action entirely, clearing our client of all allegations.
📌 Key Legal Principle Confirmed by This Decision
Making rental payments on behalf of someone else — even for a long duration such as 15 months — does not create a tenancy relationship unless supported by evidence such as deposit payments, communication, agreements, or conduct showing tenancy.
This ruling is significant for the public because it prevents landlords from shifting liability based solely on payment patterns without proper documentation or proof of a legal relationship.
🔥 Why This Victory Matters
This case reinforces several important principles for Malaysians:
✔ You cannot be labelled a “tenant” without proper documentation.
✔ Pure payment history does not equal legal tenancy.
✔ Landlords must maintain clear records and agreements.
✔ Individuals who help others make payments cannot be automatically held liable.
✔ Courts demand real evidence — not assumptions.
Our client was nearly made a scapegoat, and this judgment prevented an injustice.
💼 Why Choose JY Ko Advocates & Solicitors
Our firm has a strong track record in:
- Civil litigation
- Utility theft claims (TNB, SAJ, Syabas)
- Tenancy disputes
- Contractual disputes
- Negligence
- Defamation
- Debt recovery
- Injunctions
- General civil and commercial litigation
Clients trust us because we:
✔ Prepare strategically
✔ Analyse evidence meticulously
✔ Are aggressive when defending those unfairly accused
✔ Communicate clearly and honestly
✔ Deliver real courtroom results
This recent win is another example of our dedication to justice.
📞 Facing a Legal Claim or Wrongful Accusation? We Can Help.
If you have been:
- Wrongly named in a lawsuit
- Accused of electricity theft or utility tampering
- Dragged into a dispute as a third party
- Facing allegations with no supporting evidence
- Involved in a messy landlord-tenant situation
We are ready to defend you.
Contact JY Ko Advocates & Solicitors to make an appointment today!
🌐 Call us: +6017.6965.966 (Call / WhatsApp)
📩 Email Us: nick@jykolaw.com
Or fill in the contact form CLICK HERE
Disclaimer: The above proposition is subject to actual facts and circumstances and shall never be referred as the actual law without seeking legal advice. Consult us for more information!