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COURT OF APPEAL PUTRAJAYA
SUPREME TRIBUTE SDN BHD – Appellant
Versus
MOHD AMIN AHMAD YAHYA & ORS – Respondent
| Table of Content |
|---|
| 1. the implication of fraudulent land transfer. (Para 1 , 4 , 8) |
| 2. circumstances leading to the counterclaim. (Para 10 , 11 , 16) |
| 3. duty of care and statutory obligations. (Para 19 , 20) |
| 4. appellants failed to prove bona fide purchaser status. (Para 25 , 30) |
[1] This appeal was against the decision of the Kuala Lumpur High Court dismissing the appellant's counterclaim against the respondents with costs. The respondents were the 6th, 7th, 8th and 9th defendants respectively in the main suit filed by Ee Chong Wah, Ee Soon Kee and Goodland Realty Sdn Bhd ("Goodland Realty"), and were the 5th, 6th, 7th and 8th defendants respectively in the counterclaim filed by the appellant (the 1st defendant in the main suit).
[2] The appellant was the only plaintiff in the counterclaim against the respondents. For convenience, we shall refer to the respondents as the 5th, 6th, 7th and 8th defendants respectively.
[3] Having heard arguments by both sides, we reserved judgment to a date to be fixed. We have now reached a unanimous decision and this is our judgment.
[4] To provide context, it is necessary to set out the salient facts of the main suit from which the a
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