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2024 MarsdenLR 1045

COURT OF APPEAL PUTRAJAYA
AZMI ARIFFIN, JCA
JASNI YEOP & ORS – Appellant
Versus
SAND STONE SOIL SDN BHD & ANOTHER APPEAL – Respondent


Petitioner Advocates:Mashitah Jamaluddin @ Muhammad Shukri ,Respondent Advocate: Mureli Navaratnam,Felix Lim Xin Feng,Lai Chian Loong

JUDGMENT

Azmi Ariffin JCA:

Introduction

[1] Appeal 2062 - Enclosure 133 dated 28 October 2022 is an appeal filed by the 1st to 4th / Appellants / Defendants against the decision of the Penang High Court (after a full trial) delivered on 30 September 2022 which found the 1st to 3rd Appellants jointly and severally liable together with the 4th Appellant to the Respondent/ Plaintiff in respect of two Sale & Purchase Agreements, prepared by the 4th Appellant as the Solicitor and entered into by the 1st to 3rd Appellants as Vendors and the Respondent as Purchaser to purchase two lots of land (known as Lots 429 and 430). The Court also held the 4th Appellant liable for breach of fiduciary duty towards the Respondent (who was the firm's client in a conveyancing transaction) as the Respondent's Solicitor for the sale and purchase of the two lands. The Court also ordered that the 1st-4th Appellant to return the deposit of RM119,944.74 to the Respondent.

[2] Appeal 2063 - Enclosure 134 dated 28 October 2022 is an appeal filed by the Appellant / Plaintiff against part of the decision of the Penang High Court (after a full trial) delivered on 30 September 2022 which found the 9th Responden

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