Shaik Daud Ismail JCA:

This is an appeal against the decision of the High Court Seremban given on 29 April 1998 whereby the learned judge dismissed the originating summons dated 7 November 1997 (the OS). The OS was filed by the appellant for a declaration that, the appellant had accepted the respondent's offer to purchase a piece of land and for an order that the respondent do sign the sales and purchase agreement and complete the sale.

The facts of the case which are not in dispute are that by a letter dated 13 September 1997, the respondent informed the appellant that the respondent's head office had approved the sale of 9,461.107/10,000 shares in a piece of land held under Geran No. 17268 Lot No. 4034, Mukim of Port Dickson (hereinafter referred to as "the said land"). This sale was to be by private treaty to the appellant subject to the terms and conditions contained therein. They are:

(a) Sale price shall be RM1.9 million.

(b) The sale is subject to all existing incumbrances.

(c) The official assignee shall not be responsible should the purchaser fail to effect a transfer of the title.

(d) The official assignee shall be absolved from any costs incurred in the sal