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2024 MarsdenLR 1466

HIGH COURT MALAYA KUALA LUMPUR
YEO BEE HEW – Appellant
Versus
AZAM BAHAMAN & ORS; TETUAN ROSENINDA AZLINA HAFIDZ & CO & ORS (THIRD PARTY) – Respondent


Petitioner Advocates:Amritpal Singh Ram Singh ,Respondent Advocate: Nurzura Adriana Zulkepli,Ediba Yun,Salleh Fauzi,Azman Zakaria

JUDGMENT

Roz Mawar Rozain JC:

[1] There are times when inheriting a gem of a property brings with it legal trouble, and this case is one instance of such an example. Before this Court is a disputed sale of inherited prime property located at No 10 Lorong Raja Uda 2, Kampung Baru, Kuala Lumpur (the Property). The First to Eighth Defendants (D1-D8) are co-owners following the death of one Salmah binti Puteh. The Plaintiff claims to have entered into an agreement to purchase the Property from the Defendants for RM3,300,000.00.

[2] The dispute centres on whether all eight Defendants had actually consented to sell the Property. The Second Defendant (D2) had taken the lead in communications where the First Third Party (TP1) was appointed as solicitors to handle the transaction. The other Defendants denied authorising the sale or appointing TP1 as their solicitors.

[3] Important issues were raised regarding the scope of authority among co-owners, the professional responsibilities of solicitors, whether the agreement was valid and enforceable, and if at all what remedies the Plaintiff is entitled to.

Background Facts

[4] The Property was originally owned by Salmah binti Puteh, who passed away.


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