Introduction

[1] This is an appeal against the decision of the Sessions Court Judge (hereafter 'SCJ') dated 6 February 2020 allowing the 2nd respondent's application (encl 9 at the Court below) to strike out the appellant's suit against her pursuant to O 18 r 19(1)(d) of the Rules of 2012, ie it is an abuse of the process of the Court.

[2] On 8 December 2020, this Court allowed the appellant's appeal and set aside the SCJ's decision. The reasons for the decision of this Court are set out below. The parties shall be referred to as they were at the Court below.

Brief Background Facts

[3] On 11 October 2017, the plaintiff entered into a sale and purchase agreement with one Teoh Chin Eng. The plaintiff intended to purchase and Teoh Chin Eng intended to sell a piece of land for a sum of RM1,900,000.00.

[4] The plaintiff engaged the firm Messrs Abraham Ooi & Partners as its solicitors to represent the plaintiff in sale and purchase transaction, whereas, Teoh Chin Eng, the vendor, appointed the firm Messrs Rahmah Mohamad & Associates (hereafter the defendants' firm) as his solicitors in the sale transaction.

[5] On 21 September 2017, the plaintiff, through Messrs Abraham Ooi &