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2023 MarsdenLR 1458

COURT OF APPEAL PUTRAJAYA
DATO MOHAMAD SHAHUL HAMEED – Appellant
Versus
DATIN MAZITA OSMAN – Respondent


Petitioner Advocates:Gurdev Singh Kartar Singh,Ramash Kumar ,Respondent Advocate: Wan Azmir Wan Majid,Hamsagayathri Loghanathan

Gunalan Muniandy JCA:

Introduction

[1] Both the Appellant and Respondent are advocates and solicitors who were at the material time partners in the Kuantan branch of the legal firm, M/s Mohd Mohtar & Co ['MM & Co']. Eventually, disputes arose between the parties concerning a Proposed Partnership Agreement which they could not resolve. It resulted in the present suit being filed by the Appellant for breach of contract.

[2] The appeal before us is against the decision of the Learned Judge of the Kuantan High Court ['LJ'] in dismissing the claim after the conclusion of a full trial after hearing the parties' respective witnesses.

Factual Background

[3] The legal firm of MM & Co was incorporated by the founding partner, Mohd Mohtar around 1998. Thereafter, MM & Co opened up branches in Kuantan, Pahang, Kemaman, Terengganu and Kuala Lumpur.

[4] The Kuantan branch was established and managed by Dato' Suffian ['DS'] who is also the Respondent's husband around the year 2000.

[5] The Respondent, then, joined the Kuantan branch around the year 2001 as a Legal Assistant to facilitate the firm's conveyancing matters.

[6] Thereafter, the Appellant joined the Kuantan branch around the year 2

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