Brief Facts Of Case

[1] By a Sales and Purchase Agreement (SPA) entered into on 15 July 2004, the appellant/defendant agreed to sell and the respondent/plaintiff agreed to purchase 500.13 acres of oil palm plantation land (estate) situated in Koyah, District of Kinabatangan, Sabah at the price of RM5,501,430. The land is held under one Issue document of title.

[2] The completion date of the SPA was scheduled for 15 October 2004. Pursuant to cl 5 of the SPA, the appellant was to deliver vacant possession of the estate to the respondent within one day from the date of full payment of the purchase price.

[3] It was an agreed fact that the purchase price was fully paid on 8 October 2004 and that possession of the estate was delivered to the respondent on 9 October 2004.

[4] However, some 10 months later on 16 August 2005, the solicitors for the respondent gave notice in writeing to the appellant that there were illegal occupiers on part of the estate and alleged that vacant possession had not been fully handed over to the respondent. On 5 November 2005, the solicitors for the respondent again issued a notice of demand to the appellant for the delivery of vacant possession