13 Jun 2024
Majlis Amanah Rakyat (MARA) NAGUIB BIN MOHD NOR
- Citation
- WA-22NCC-171-04/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22NCC-171-04/2021 (Mahkamah Tinggi)
Clauses 6.1(b) and 6.2(b) unambiguously limit the vendor's liability to satisfaction of shortfalls by assignment of his entitlement to dividends; the agreement contains no obligation for Defendant to pay cash if dividends are not declared or insufficient, Schedule 3 limitations do not apply to these specific warranty clauses, and therefore Plaintiff’s claim for RM6.6 million in cash fails; Defendant’s counterclaim for specific performance is refused because he failed to comply with clause 11.1/17.4 notice and valuation requirements and did not undertake substantial acts under s.21(3) of the S…