3 Aug 2020
PINNACLE HOMES SP SDN BHD YAYASAN WILAYAH PERSEKUTUAN
- Citation
- WA-12ANCVC-227-09/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-12ANCVC-227-09/2019 (Mahkamah Tinggi)
The appeal is allowed because the Sessions Court erred in admitting a defective affidavit lacking the mandatory jurat and failed to apply the strict requirement; on the merits the SPA and ancillary agreements placed the contractual liability for relocation costs, stamp duty, RPGT and legal fees on the plaintiff and the payments by the appellant were not shown to be gratuitous, satisfying Section 71 and entitlement to recovery as monies had and received; summary judgment law requires the party resisting to raise triable issues and the record established no such triable issue as to voluntarines…