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2021 MarsdenLR 254

HIGH COURT MALAYA KUALA LUMPUR
SOO TECK LEE & ORS – Appellant
Versus
LIM GEOK KIM – Respondent


Petitioner Advocates:Jenny Lim ,Respondent Advocate: Justin Voon,Christina Chin

JUDGMENT

Mohd Nazlan Mohd Ghazali J:

Introduction

[1] This was an application by the defendant in the main action to strike out the writ and the statement of claim filed by the plaintiffs under O 18 r 19(1)(a), (b) or (d) of the Rules of 2012 ("the RC 2012").

[2] At the conclusion of the hearing which was conducted via zoom remote communication technology, I allowed the application and provided the principal grounds for the same. This judgment contains the full reasons for my decision.

Key Background Facts

[3] The present suit was originally initiated by the five plaintiffs against the sole defendant. The defendant and two others then filed a counterclaim against the five plaintiffs. However, the first and second plaintiffs have since withdrawn their claim against the defendant. This striking out application, documented in enclosure 95, is therefore made against the remaining three plaintiffs.

[4] At the heart of the dispute is a piece of (and held under Geran Mukim 102, Lot 343, Tempat Sungai Gadih, Mukim Kerling, Daerah Hulu Selangor, Negeri Selangor ("the Said Land"). Pursuant to a Sale and Purchase Agreement dated 24 February 2016 the five original plaintiffs, as purchasers, agreed t


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