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2022 MarsdenLR 1598

HIGH COURT MALAYA IPOH
SL AQUA BUILDING SDN BHD – Appellant
Versus
ISMAIL ABU HASSAN – Respondent


Petitioner Advocates:Syahidah Hanum Mohd Ghazali,Nurwati ,Respondent Advocate: Hasnita Mohd Hassan,Ling Daoju

JUDGMENT

Abdul Wahab Mohamed J:

Introduction

[1] The Plaintiff filed this action against the Defendant for the invalid revocation of the Power of Attorney relating to the Sale and Purchase Agreement entered into between parties for the purchase of land known as GM2328, No Lot 2091, Mukim Lekir, Daerah Manjung, Negeri Perak.

Background Facts

[2] The Plaintiff is a company incorporated under the Companies Act 1965 with registered address at No 2503A, Tingkat Atas, Jalan Lumut, Taman Samudera 1, 32040 Seri Manjung, Perak. The Defendant is the owner of the piece of land known as GM2328, No Lot 2091, Mukim Lekir, Daerah Manjung, Negeri Perak ("the Land").

[3] Through the Sale and Purchase Agreement dated 17 December 2013 ("SPA"), the Defendant had agreed to sell and the Plaintiff had agreed to purchase the Land for the purchase price of RM348,000.00. Deposit payment for the total sum of RM35,000.00 had been made by the Plaintiff to the Defendant upon execution of the Sale and Purchase Agreement.

[5] The Plaintiff and the Defendant had also executed a Power of Attorney dated 17 December 2013 wherein the Defendant had agreed to appoint and authorized the Plaintiff to manage all matters and inter


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