Back
HIGH COURT SABAH & SARAWAK SANDAKAN
MOK SAI HOW – Appellant
Versus
DAKANG BIKASAN – Respondent
| Table of Content |
|---|
| 1. breach of contract and trespass claims initiated. (Para 1 , 2 , 3 , 4 , 5) |
| 2. agreed issues determined for court. (Para 6 , 7) |
| 3. plaintiff's evidence substantiating the sale agreement. (Para 8 , 9 , 10 , 11 , 12) |
| 4. defendant's counterclaims and testimony evaluated. (Para 14 , 15 , 16 , 17 , 18) |
| 5. court's findings on intent under spa and pa. (Para 19 , 20 , 21) |
| 6. defendant's allegations and credibility discussed. (Para 49 , 50) |
| 7. spa validity upheld despite land registration status. (Para 73 , 74 , 75 , 76 , 80) |
| 8. final rulings and awarded remedies. (Para 82 , 83 , 84) |
Introduction
[1] The Plaintiff sued the Defendant for breach of contract and for the tort of trespass and claimed for, inter alia, specific performance of a Sale and Purchase Agreement dated 29 December 2006 ("the SPA").
[2] The Plaintiff claimed that the Defendant had entered into the SPA with him to sell a parcel of land under PT 93081873 (Lot 36) which was to be registered under CL 085330776 measuring an area of 4.363 hectares or 10.78 acres situated at Nangoh, in the District of Beluran, Sabah ("the Land").
[3] The Plaintiff further claimed that the Defendant had granted the P
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
