HIGH COURT, KOTA KINABALU
MARDIN HJ ABD GHANI & 4 ORS – Appellant
Versus
BUMIPUTRA COMMERCE BHD – Respondent
| Table of Content |
|---|
| 1. claims and background of plaintiffs. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8) |
JUDGMENT
Proceeding:
The plaintiffs' claims are as follows:-
(1) A Declaration that the Company's liability secured by the 1st plaintiffs Land had been fully settled and memorandum of charge registered against 1st plaintiff's Land dated 24.07.2986 under Memorial No. 00016190 is deemed to be fully satisfied and discharged;
(2) An Order directing the defendant to duly issue to the 1st plaintiff a registrable Memorandum of Satisfaction of Charge for the purpose of discharging the said charge registered against the 1st plaintiff's Land;
(3) An order directing the defendant to return to the 1st plaintiff the original issued copy of the said Native Title no.013060869;
(4) The said sum of RM34,300.00 being money had and received by the defendants to the use of the 1st plaintiff;
(5) To refund to the 2nd, 3rd, 4th and 5th plaintiffs, as chargers, the said sum of RM384,944.11 under Paragraph 12 hereof being the surplus of the proceeds of the public auction sale of Native Title No. 213113823;
(6) Statutory interest on the said sum of RM384,944.11 at the rate of 8% per annum from the date of judgment to the da
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