Mohamed Abdillah Nur Others vs Hamad Masauni Others Civil Appeal No
The appeal was dismissed because the petition was a proper derivative action with statutory notice duly served and leave granted; the High Court was justified in granting consequential reliefs, including remission of shares and management, due to breach of the JVA and SPA and lack of consideration; general damages were justified based on the exclusion of minority shareholders and unjust enrichment; and the procedure of determining the petition by affidavits and written submissions was proper and caused no prejudice.
Source excerpt
- Derivative action
- Joint venture agreement
- Share purchase agreement
- Minority shareholder rights
- Unjust enrichment
- Company management