15 Jul 2020
CHEAH KIM BOON 1. WFC PROPERTIES SDN BHD 2. WFC DEVELOPMENT SDN BHD
- Citation
- JA-12BNCVC--23-10/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- JA-12BNCVC--23-10/2019 (Mahkamah Tinggi)
Appeal allowed because the plaintiffs could not rely on s26(2) to overcome the six‑year limitation: they did not plead the fresh accrual exception, the alleged 2012 cheque and 2017 correspondence did not amount to part payment or an unequivocal written acknowledgment, the Sessions Court gave undue weight to oral evidence contradictory to the written SPA and to non‑contemporaneous documents whose makers were not called, and on the whole the plaintiffs failed to prove their claim on the balance of probabilities.