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2018 MarsdenLR 2560

COURT OF APPEAL PUTRAJAYA
YEE POH NYEN – Appellant
Versus
RAJI KASAN & ORS – Respondent


Petitioner Advocates:G S Nijar,Lim Wei Jiet,Julie Lim,Abraham AU ,Respondent Advocate: Mohd Radzi Yatiman

Table of Content
1. appeal against dismissal of land claim. (Para 1 , 2 , 3 , 4 , 5)
2. in-field actions led to conflicting sales, raising issues of procedural propriety. (Para 8 , 9 , 12 , 18)

[1] This is an appeal by the appellant/plaintiff against the decision of the High Court at Muar in dismissing his claim against all the respondents/defendants.

Background Facts

[2] The first respondent, 90 years of age, is the owner of a land described as HS(M) 4872, Lot 991, Mukim Ulu Benut, Disctrict of Kluang, Johor ("the land"). The title of the land contains a restriction in interest, ie that the land shall not be sold, charged or transferred without the consent of the State Authority.

[3] The first respondent gave the third respondent, a broker, an option for the third respondent to find purchasers for the land. The first respondent agreed that he will take only up to RM520,000.00 from the sale. The option states that a 2% commission is payable to Tan Poi Meng, the third respondents partner.

[4] On 18 November 2009, the third respondent brought the appellant to the office of the law firm of Haris Azmi & Associates ("HAA") where the fifth, the sixth, the seventh and the eight respondents are t

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