JUDGMENT

Kenneth St James J:

(Post-Trial: Suit To Impeach An Earlier Judgment)

Prelusion

[1] The Plaintiffs are mother and son. The 1st Plaintiff is the mother (P1). The 2nd Plaintiff is the son (P2). P1 owns a piece of land under the title: Geran 21594, Lot 3, Seksyen 5, Bandar Georgetown, Daerah Timur Laut, Pulau Pinang (Lot 3).

[2] There was a disputed transaction to sell Lot 3 to the Defendant (D). It was disputed because P1 asserted that there was no contract to sell Lot 3 to D. Oppositely, D asserted that there was indeed a contract to sell and buy Lot 3.

[3] In 2014, D filed a suit against P1. The suit was civil suit No: 22NCVC-97-06/2014 (Suit 97). D sought the relief of specific performance — for P1 to specifically perform the sale and purchase agreement between D and P1 for Lot 3. The High Court , presided over by Justice Nantha Balan (Justice Balan), granted judgment in favour of D. The High Court granted the order for specific performance (SP Order). This meant that P1 was ordered to sell and transfer Lot 3 to D.

[4] P1 appealed to the Court Of Appeal (CA). The CA dismissed her appeal. She applied for leave to appeal further to the Federal Court (FC). The FC refused her