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2000 MarsdenLR 2195

CLEMENT SKINNER
REAL MARBLE WORKS SDN BHD – Appellant
Versus
TEH KHOON CHUAN TRADING SDN BHD – Respondent


Table of Content
1. appeal and cross-appeal arise from damages assessment. (Para 2 , 3)
2. claims based on breach of contract and specific performance. (Para 4)
JUDGMENT

This is an appeal and a cross-appeal, against the decision of the Senior Assistant Registrar (hereafter the SAR) who on 27 November 1998, after having assessed damages, awarded to the 1st defendant a sum of RM14,655.66 in respect of one only out of 5 heads of claim made by the defendants (hereafter the appellants). Being dissatisfied with that decision the appellants have appealed. The plaintiff (hereafter the respondent), against whom the award was made, being dissatisfied with such decision has also cross-appealed.

The facts giving rise to the assessment of damages are [2] these. The 1st, 2nd and 3rd appellants are the registered owners of various parcels of lands in their own right, all at Kampar, District of Kinta, Ipoh. On 18 February 1993, the respondent entered into an agreement (hereafter the said agreement) with all three appellants wherein the respondent was granted an exclusive licence to quarry for limestone on land belonging to the 1st appellant; granted a right of way over lands belonging to the 2nd appe

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