LADANG SUNGAI LEPAR SDN BHD 1. ) PERTUBUHAN KEBAJIKAN ISLAM MALAYSIA (PERKIM) BAHAGIAN NEGERI KELANTAN 2. ) AHMAD BIN YAKOB

LADANG SUNGAI LEPAR SDN BHD 1. ) PERTUBUHAN KEBAJIKAN ISLAM MALAYSIA (PERKIM) BAHAGIAN NEGERI KELANTAN 2. ) AHMAD BIN YAKOB

Defendant was not the registered owner and beneficial owner of PT 4709 at the time of the Development Agreement and thereby made a misrepresentation that induced Plaintiff to enter the contract and expend substantial sums; Defendant's inability to deliver the promised rights constituted a fundamental breach under...

Source-derived case information.

Citation
DA-22NCvC-45-08/2018 (Mahkamah Tinggi)
Parties
Plaintiff: Ladang Sungai Lepar Sdn Bhd; Defendant: Pertubuhan Kebajikan Islam (PERKIM) Bahagian Negeri Kelantan
Court
High Court
Jurisdiction
Malaysia
Judgment Date
20 February 2022
Case Number
DA-22NCvC-45-08/2018 (Mahkamah Tinggi)
Procedural Posture
Guaman Sivil (civil Suit) / Judgment at Trial
Outcome
Judgment for Plaintiff; Defendant's counterclaims dismissed
Legal Topics
Misrepresentation, Breach of Contract, Damages, Lease (pajakan), Rescission, Fundamental Breach
Contract Land/property Tort Misrepresentation Breach of Contract Damages Lease (pajakan) Rescission +1 more

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Parties

Ladang Sungai Lepar Sdn Bhd

Plaintiff

Pertubuhan Kebajikan Islam (PERKIM) Bahagian Negeri Kelantan

Defendant

Procedural Posture

Guaman Sivil (civil Suit) / Judgment at Trial

  1. 1 Whether Defendant was registered owner and beneficial owner of PT 4709 when the Development Agreement was signed
  2. 2 Whether Defendant made a misrepresentation regarding ownership of PT 4709
  3. 3 Whether Plaintiff made payments of RM450,000 to Defendant between 2007 and 2013

Ratio Decidendi

Defendant was not the registered owner and beneficial owner of PT 4709 at the time of the Development Agreement and thereby made a misrepresentation that induced Plaintiff to enter the contract and expend substantial sums; Defendant's inability to deliver the promised rights constituted a fundamental breach under s40 Contracts Act 1950, entitling Plaintiff to rescind and recover special and general damages, interest and costs.

Court Disposition

Judgment for Plaintiff; Defendant's counterclaims dismissed

Orders

  • Defendant to pay Plaintiff special damages RM450000
  • Defendant to pay Plaintiff special damages for plantation development RM2002643