19 Jan 2023
1. ) JALANI BIN MOHAMED 2. ) CANGKAT RAMU (KUALA SLIM) SDN BHD 1. ) SHAHROM BIN ABDULLAH 2. ) LOOI SIEW HONG
- Citation
- A-02(NCvC)(W)-370-02/2022 (Mahkamah Rayuan)
- Court
- NCvC
- Case number
- A-02(NCvC)(W)-370-02/2022 (Mahkamah Rayuan)
The Court allowed the appeal, set aside the High Court judgment and held that the second defendant failed to prove payment of the RM120,000 consideration for the Third SPA on the balance of probabilities; the transfer was therefore obtained by an insufficient/void instrument under s 340(2)(b) NLC; the trial court erred in not drawing an adverse inference for non-calling of the solicitor (MYC); specific performance of the Second SPA was appropriate and granted to the first plaintiff with delivery of vacant possession within 90 days; costs awarded against the first and second defendants.