29 Apr 2024
Bandar Eco-Setia Sdn Bhd 1. ) Harcharan Singh A/l Santokh Singh 2. ) Rajinder Kaur A/p S. Kesar Singh
- Citation
- BA-12BNCC-16-07/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-12BNCC-16-07/2023 (Mahkamah Tinggi)
High Court allowed the appeal and set aside the Sessions Court judgment because on balance of probabilities the defendant had installed branch sewers prior to vacant possession (supported by the Netspek report and engineer’s certificate), the plaintiffs failed to plead and prove fraudulent concealment particulars so limitation was not properly postponed, s6A did not apply to their contractual claim, and the award of RM780,812.90 was therefore plainly wrong and time‑barred.