JUDGMENT

Su Tiang Joo JC:

Introduction

[1] The Plaintiff's action was summarily struck out by this Court on 4 October 2021 upon the application of the Defendant (Encl 35) made pursuant to O 18 r 19(1)(b), (c) and or (d) Rules of 2012 and or the inherent jurisdiction of the Court on the ground that the Plaintiff's claim was time barred by limitation. Dissatisfied, the Plaintiff's appeals and these are the grounds of judgment for the decision made.

The Plaintiff's Claim

[2] The Plaintiff claims it entered into a Joint Venture Agreement ("JVA") dated 3 September 1995 with the attorney of the original registered proprietors named Soundarvali A/P Rajoo and Thanapakiam A/P Subarayan ("the Original Owners") of three pieces of land held under under Geran Nos 60456, 60457 and 60458 with corresponding Lot Nos 1747, 1748 and 1749 respectively, all in the Mukim of Terap (collectively referred to as "the said Lands") to develop the same into a housing estate (Encl 2 paras 3 to 8).

[3] It pleaded that sometime around 2014 or 2015 the said Lands were falsely and fraudulently transferred to the Defendant.

[4] The Plaintiff seek that the transfer of the said Lands to the Defendant be set aside and be ret