Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Removal of caveat (s327)
  • 4 Oct 2024

    MOHD MAZANI BIN TUGIMEN EEPS ENGINEERING SDN BHD

    Citation
    BA-24NCvC-616-03/2024 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    BA-24NCvC-616-03/2024 (Mahkamah Tinggi)

    The Court held Defendant did not have a caveatable interest because there was no concluded sale and purchase agreement executed by both parties giving Defendant a present equitable or registrable interest; Plaintiff validly terminated the Letter of Offer for failure to comply with the time condition; Plaintiff sold the property to a bona fide purchaser for value; on balance of convenience the caveat must be removed and Defendant's claim for specific performance dismissed; Plaintiff's claim for general damages failed for lack of loss evidence.