6 Mar 2025
1. ) APLI BIN YUSOFF 2. ) HAJI ABDUL RAHMAN BIN MAT YASIN 3. ) RAMLEE BIN SAIDIN 4. ) SINCERE PROGRESS SDN BHD 1. ) Abdul Malik Bin Dasthigeer 2. ) Siadali Bin Mohd Abu Bakkar
- Citation
- WA-12BNCC-32-09/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-12BNCC-32-09/2023 (Mahkamah Tinggi)
The Sessions Court's factual finding that the defendants had agreed to and signed the SSAs and then unlawfully withheld and attempted to terminate the sale was supported by documentary and email evidence; shares are not adequately compensable by damages under s11(1)(c) Specific Relief Act 1950; therefore specific performance on terms was appropriate and the appellate court would not disturb the trial judge's findings, so the Sessions Court order was set aside and substituted with the agreed minutes granting specific performance with detailed compliance conditions.