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2016 MarsdenLR 2302

COURT OF APPEAL PUTRAJAYA
DAHAN CIPTA SDN BHD & ANOR – Appellant
Versus
YONG TSHU KHIN & ORS – Respondent


Table of Content
1. overview of appeals and trial history regarding land disputes. (Para 1 , 2 , 6)
2. definition of binding agreements despite formalities. (Para 7)
3. issues concerning the validity of the contract and claims of illegality. (Para 12 , 14 , 17)
4. requirement for evidence of trust in property claims. (Para 19 , 21)
5. final judgment confirms the existence of a binding contract despite procedural issues. (Para 47 , 52)
6. conditions for enforcing property sale agreements. (Para 49)

[1] The four appeals before us were against the decision of the learned High Court Judge at Shah Alam who on 23 March 2012 made the following orders involving consolidated actions of three suits. The decision, inter alia, was:

(i) Suit No MT5-22-81-92

(a) that the prayer for specific performance of the agreement made between the plaintiffs and the 1st defendant whereby the 1st defendant agreed to sell to the plaintiffs a piece of land known as CT No 22358 Lot 623, Mukim Kajang, Daerah Ulu Langat, Negeri Selangor (the said land) was allowed;

(b) that the 1st defendant, its servant and/or agent to perform the enforcement of the Arbitration Award dated 29 October 1981 and the sale of the said land to

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