Mohd Jasmi Bin Omar Khalijah Binti Hasnan

Mohd Jasmi Bin Omar Khalijah Binti Hasnan

The court found a valid sale and purchase agreement dated 14.7.2017 signed by both parties, the plaintiff had paid the full purchase price and the transfer was approved by the land office; the defendant failed to deliver vacant possession as contracted and failed to plead or prove fraud with particulars; accordingly...

Source-derived case information.

Citation
BA-B52NCvC-305-10/2018 (Mahkamah Sesyen)
Parties
Plaintiff: Mohd Jasmi bin Omar; Defendant: Khalijah binti Hasnan
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
20 February 2020
Case Number
BA-B52NCvC-305-10/2018 (Mahkamah Sesyen)
Procedural Posture
Civil Specific Performance and Possession of Land / Trial Judgment (sessions Court); Appeal Filed to High Court by Defendant
Outcome
Judgment for plaintiff
Legal Topics
Specific Performance, Vacant Possession, Breach of Contract, Liquidated Damages, Fraud Pleadings and Particulars, Evidentiary Weight of Land Registry Documents, Signature Authenticity
Contract Law Property Law Conveyancing Civil Procedure Equitable Remedies Specific Performance Vacant Possession Breach of Contract +4 more

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Summary, issues, holding and outcome

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Parties

Mohd Jasmi bin Omar

Plaintiff

Khalijah binti Hasnan

Defendant

Procedural Posture

Civil Specific Performance and Possession of Land / Trial Judgment (sessions Court); Appeal Filed to High Court by Defendant

Legal Issues

  1. 1 Whether a valid sale and purchase agreement existed between the parties
  2. 2 Whether plaintiff is entitled to vacant possession and specific performance
  3. 3 Whether defendant validly pleaded and proved fraud to avoid the agreement

Ratio Decidendi

The court found a valid sale and purchase agreement dated 14.7.2017 signed by both parties, the plaintiff had paid the full purchase price and the transfer was approved by the land office; the defendant failed to deliver vacant possession as contracted and failed to plead or prove fraud with particulars; accordingly plaintiff was entitled to specific performance, delivery of vacant possession, contractual liquidated damages of RM100,000, contractual delayed possession damages of RM99,506.85 (and continuing), interest at 5% from filing date and costs of RM9,000.

Court Disposition

Judgment for plaintiff

Orders

  • Defendant shall deliver vacant possession of the property and hand over keys to the plaintiff within 30 days from date of order.
  • Paragraph 2 of the plaintiff’s prayers (seeking police assistance) is dismissed.