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HIGH COURT MALAYA KANGAR
ZAMRI IBRAHIM & ANOR – Appellant
Versus
KHOO KAH HOCK – Respondent
| Table of Content |
|---|
| 1. plaintiffs filed claims regarding fraud and possession. (Para 1 , 3 , 4) |
| 2. judgment outlining the claim for possession and maintenance charges. (Para 2 , 5 , 8) |
| 3. defendant's testimony on delivery and fraud challenged. (Para 6 , 10 , 11) |
| 4. discussion on the implications of the defendant's testimony and alleged fraud. (Para 9) |
| 5. plaintiffs' claims of fraud leading to a fresh legal action. (Para 12) |
A. The Plaintiff's Statement Of Claim
[1] IJM Corporation Bhd ("IJM") filed a suit on 27 July 2001 at Butterworth Sessions Court under under Suit No: 52-621-2001 that was later transferred to Penang High Court and registered under Suit No: 22-2232009 ("1st Suit") to claim outstanding maintenance charges of an office unit ("Office Unit") sold to the Plaintiffs. In their defence the Plaintiffs alleged that IJM had failed to deliver vacant possession of the Office Unit and counter claimed for IJM to deliver vacant possession and to pay damages for late delivery. In its reply IJM alleged that vacant possession of the Office Unit was delivered through a letter dated 9 October 1996 ("Letter").
[2] During hearing on 31 March 2011 the Defendant who was the only w
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