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2021 MarsdenLR 169

HIGH COURT MALAYA SHAH ALAM
CHONG KIAN YONG & ANOR – Appellant
Versus
LEE KIM CHENG & ORS – Respondent


Petitioner Advocates:David Hoh,Cassandra Choo ,Respondent Advocate: T Gunaseelan,Simreenjet

JUDGMENT

Choo Kah Sing J:

Introduction

[1] This case involves a fraudulent sale and purchase transaction of a piece of land. The fraudulent transaction was orchestrated by an imposter who claimed to be the real owner of the said land. The plaintiffs were the victims of the unscrupulous scam.

[2] The parties had gone through a full trial. On 4 January 2021, this Court allowed the plaintiffs' claims in part. The reasons for the decision are set out as below.

The Background Facts

[3] The plaintiffs and the 1st defendant entered into a Sale and Purchase Agreement dated 14 January 2016 (hereafter 'the SPA'), wherein the plaintiffs agreed to purchase and the 1st defendant agreed to sell a piece of freehold agriculture land known as PM1307, Lot 528, Mukim Ijuk, Daerah Kuala Selangor, Negeri Selangor Darul Ehsan (hereafter 'the said land') for a sum of RM1,742,690.31 (hereafter 'the purchase price').

[4] The plaintiffs were represented by Messrs. Thashin, S.L. Wong & Co. (hereafter 'the plaintiffs' SPA solicitors) in the sale and purchase transaction, whereas, the 1st defendant was represented by Messrs. Mazwan Pathma & Co., which is the 4th defendants in the action. The 2nd defendant, Mr. Pathma


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