1. ) Khatijah binti Md Ibrahim 2. ) Mansor bin Abdul Manan v Northern Skyline SDN BHD
pa-22ncvc-241-12-2019 High Court (Mahkamah Tinggi) 15 December 2024 • PA-22NCvC-241-12/2019 • 33 min read
11 cases cited
(0 SG, 11 foreign)
Outcome
I therefore dismiss Ps’ claim, with costs of RM50K to be paid by Ps to D. Costs are subject to the allocatur.
Catchwords
1. There was a disputed transaction to sell a piece of land (Lot 3), The 1st Plaintiff (P1) was the vendor. The Defendant (D) was the purchaser. The transaction was disputed because P1 asserts that there was no contract to sell Lot 3 to D. 2. In 2014, D sued P1 (earlier suit). D sought specific performance of the contract. The High Court granted specific performance (SP Order). P1 appealed to the Court Of Appeal (CA). The CA dismissed P1’s appeal. P1 applied for leave to appeal further to the Federal Court (FC). The FC refused to grant leave. 3. Later in 2019, P1 with the 2nd Plaintiff filed this suit to impeach the SP Order given in the earlier suit and to set it aside, on the ground of fraud. 4. Should the SP Order be set aside?
Practice Areas
Judges (1)
Counsel (6)
Cases Cited (11)
MY (11)
[1995] 3 AMR 2559 [1995] 3 CLJ 783 [1995] 3 MLJ 189 [1998] 1 AMR 909 [1998] 1 MLJ 393 [1998] 2 CLJ 75 [2016] 2 AMR 795 [2016] 3 CLJ 1 [2016] 3 MLJ 1 [2023] 3 CLJ 503 [2023] 5 MLJ 64
Judgment
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Read on eJudgmentSource: eJudgment (pa-22ncvc-241-12-2019)