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HIGH COURT SABAH & SARAWAK KOTA KINABALU
YUN FOOK PLANTATION SDN BHD – Appellant
Versus
JULES @ JAULIS B ROMOU & ORS – Respondent
| Table of Content |
|---|
| 1. the basis of plaintiff's case. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9) |
| 2. defendants argue jva is void due to lack of approval. (Para 10 , 11 , 14 , 15 , 16 , 17) |
| 3. dispute over alleged advance payments. (Para 12 , 13 , 18 , 19 , 20 , 21) |
| 4. court's analysis of communal title and jva validity. (Para 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38 , 39 , 40) |
| 5. court dismisses plaintiff's action. (Para 41 , 42 , 43) |
| 6. final order and costs awarded to defendants. (Para 44) |
The Plaintiff's Case
[1] The Plaintiff is a company of limited liability in the oil palm plantation business which is suing the Defendants, who are the beneficiaries and registered owners of a parcel of land situated at Kampung Ingkukunoh in Keningau, measuring 60.23 hectares more or less held under a communal title, viz, Native Title No 133188542 ("the Land").
[2] The Plaintiff's cause of action is premised on the breach of a Joint Venture Agreement dated 10 January 2013 ("the JVA") with the 15 Defendants.
[3] On the same day, the 1st Defendant was made the donee of a power of attorney ("the PA") by the other Defendants to carry out and execute all acts in
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