4 Jul 2023
DIGITAL NATIVE SDN. BHD MUIN COMM SDN. BHD
- Citation
- WA-22NCvC-561-09/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22NCvC-561-09/2020 (Mahkamah Tinggi)
The Agreement was held to exist and be valid because it was stamped, signed by defendant's chairman (admitted), contained recitals evidencing mutual intent and consideration, and defendant's conduct (partial payments) corroborated recognition of the contract; defendant failed to prove coercion or undue influence and failed to produce the material witness (no proof of death) leading to an adverse inference; plaintiff's performance was accepted; accordingly plaintiff's claim succeeded with interest and costs.