Tired of litigation

People are fond of saying, 'You can always sue him for that...', in connection with any serious complaint about someone, or an outstanding debt. Don't count on taking someone to court unless you are aware of the delay expected and the time it will take from commencement to conclusion.

Many people tend to assume that everything is very clearcut, like taking security in a condominium or a gated housing area, for granted.

When we wanted to evict some long term, but monthly tenants, on temporary premises, the first hearing date fixed was one year ahead! From magistrate court to High Court, then to the then Supreme Court, it took five years! Then with a decision in our favour, it took another three years to collect judgment debts, with the end result of bankruptcies adjudicated on eight former tenants and a write-off of almost Rm500,000 in judgment debts. The long drawn process took a heavy toll on me, in terms of disappointment in human relationships and especially empty promises; as well as questioning whether it is worthwhile pursuing anything based on principles and rights, or better to always compromise to get things done instead.

My in-laws too, had their fair share of litigation, involving specific performance of a sale and purchase agreement relating to a land purchase in Kedah. The case went even to the Privy Council in Britain! My sister-in-law, being a lawyer in a big firm, was gungho about it then. My wife looked after the oil palm estate for 26 years and she is quite emotional at the thought of it being history, now that it is awaiting completion of sale.

My brother-in-law (sister's husband, not to be confused with wife's brother) bought a house at an auction in KL, and it took several years to get vacant possession because the owner was aggrieved over the low price. In the process, the lady lawyer got scolded by him, even though we knew she was not at fault, but the inefficient system in the judiciary.

Now, I am quite amused whenever I come across people promising to take someone to court! I am sure the lawyers are more than amused, and thinking aloud, 'Thank God for these quarrelsome folks!'

Link