10 Dec 2025
ASMAH BINTI MAHFUL 1. ) HASSAN BIN YUSOF 2. ) Pentadbir Tanah Daerah Hulu Langat
- Citation
- BA-22NCvC-509-12/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-22NCvC-509-12/2023 (Mahkamah Tinggi)
On the balance of probabilities the court found the 1st Defendant knowingly signed the transfer documents; he failed to prove non est factum, fraud or forgery; the Plaintiff proved payment of the deposit pursuant to a mutually agreed variation; the Defendant did not terminate the SPA and thus had implicitly elected to affirm it; consequently the SPA remained valid and specifically enforceable, and the Plaintiff was entitled to a decree of specific performance with costs of RM10,000.