15 Aug 2019
KPG POH PLANTATIONS SDN BHD
- Citation
- A-02(NCVC)(W)-1723-08/2018 (Mahkamah Rayuan)
- Court
- NCVC
- Case number
- A-02(NCVC)(W)-1723-08/2018 (Mahkamah Rayuan)
The Court of Appeal found the Plaintiff had actual knowledge of and effectively condoned the Defendant's oil palm cultivation and failed to serve required notices and demands under the agreement and schedule; equity treated the arrangement as an equitable lease with the lease obligation triggered and no proper prior demand was made under clause 7.01 and Section 5 of the First Schedule, therefore the Notice of termination was invalid, specific performance (declaration of a 60-year lease subject to terms) was appropriate and the High Court order for termination and vacant possession was set asi…