6 Mar 2024
Mohamad @ Md Nor bin Zakaria 1. ) Nasarudin bin Zamin 2. ) Irphan bin Abd Aziz
- Citation
- DA-22NCvC-60-12/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- DA-22NCvC-60-12/2020 (Mahkamah Tinggi)
The court found the sale agreement was valid and remained subsisting because time for payment was not 'of the essence', Defendant 1 failed to give the requisite notice or to return the deposit, and evidence did not prove Defendant 2 paid full consideration or acquired as a bona fide purchaser; accordingly specific performance was ordered compelling transfer to Plaintiff upon payment of the balance and costs were awarded to Plaintiff.