15 Nov 2023
1. ) LIM CHENG KEE 2. ) Lim Cheng Boon 1. ) LIAW KIM BEE 2. ) LIM TEE CHENG
- Citation
- WA-22NCvC-577-09/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22NCvC-577-09/2020 (Mahkamah Tinggi)
Court found the deceased made an enforceable promise to will the property to the Plaintiffs which induced the transfer; that promise created a trust/contract in Plaintiffs' favour; the deceased's subsequent transfer to Defendants breached the contract and rendered performance impossible and the agreement void at the moment of transfer; because Defendants were not yet registered at that moment and the transfer was unauthorized, Defendants could not rely on indefeasibility; consequently the property (2/3) was restored to the Plaintiffs and costs awarded.