ABDUL KADIR BIN AHMAD ZURAIDA BINTI AB HALIM

ABDUL KADIR BIN AHMAD ZURAIDA BINTI AB HALIM

There was no concluded contract of sale at RM300,000 because the essential term of price was not agreed; the RM5,000 payment authorised occupation only and did not fix price; absent a binding contract the defendant’s claims for specific performance and related relief fail; plaintiff is entitled to vacant possession and cancellation of defendant’s caveat and to recovery of arrears incurred while defendant occupied the property; each party bears their own costs.

Citation
BA-22NCvC-233-07/2020 (Mahkamah Tinggi)
Parties
Plaintif: Abdul Kadir bin Ahmad; Defendan: Zuraida binti Ab Halim
Court
High Court
Jurisdiction
Malaysia
Judgment Date
29 September 2023
Case Number
BA-22NCvC-233-07/2020 (Mahkamah Tinggi)
Procedural Posture
Civil Property and Contract Dispute (sale of Land/strata Unit) / Judgment (trial Reasons)
Outcome
Plaintiff's claim granted in part; defendant's counterclaim dismissed.
Legal Topics
Formation of Contract, Specific Performance, Vacant Possession, Caveat, Deposit, Alterations to Property, Burden of Proof
Source Language
Malay/English
Contract Law Property/land Law Equity Evidence Law Formation of Contract Specific Performance Vacant Possession Caveat +3 more

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Parties

Abdul Kadir bin Ahmad

Plaintif

Zuraida binti Ab Halim

Defendan

Procedural Posture

Civil Property and Contract Dispute (sale of Land/strata Unit) / Judgment (trial Reasons)

Legal Issues

  1. 1 Whether there was a binding contract of sale for the unit at RM300,000
  2. 2 Whether the plaintiff is the registered owner of the property
  3. 3 Whether the plaintiff is entitled to vacant possession

Ratio Decidendi

There was no concluded contract of sale at RM300,000 because the essential term of price was not agreed; the RM5,000 payment authorised occupation only and did not fix price; absent a binding contract the defendant’s claims for specific performance and related relief fail; plaintiff is entitled to vacant possession and cancellation of defendant’s caveat and to recovery of arrears incurred while defendant occupied the property; each party bears their own costs.

Court Disposition

Plaintiff's claim granted in part; defendant's counterclaim dismissed.

Orders

  • Defendant to deliver vacant possession of Unit B9-3, Level L9, Block B3, City Garden Palm Villa Condominium to plaintiff no later than 31.12.2023.
  • Private Caveat No. Perserahan 1165/2015 registered by defendant is set aside no later than 31.12.2023.