JUDGMENT

Lim Hock Leng J:

[1] The court struck out the plaintiff's action on application by the defendant vide encl 12. The action was struck out pursuant to O 18 r 19(1)(b)(c) and (d) of the Rules of 2012 with costs of RM7,000.00 subject to payment of the allocatur fee.

[2] The plaintiff has since appealed. I will first set out the introductory facts and the plaintiff's pleaded case, before setting out the reasons for allowing the plaintiff's action to be struck out.

Brief Facts/The Plaintiff's Pleading

[3] The plaintiff is the successful applicant of a parcel of land measuring 15.62 acres in Semporna. According to the plaintiff's pleaded case which comprised facts, evidence and arguments, the land was required to be planted with crops before the title could be issued and transfer of the land could be take place. The plaintiff did not have the funds to do so whereupon "the defendant and or his agent or his representative" - referred to as the defendant here - approached him. The defendant was alleged to have made representations "that to enable them to liaise with the relevant authorities on matters relating to the issuance of the title deed as per the alienation offer and to extract