GROUNDS OF JUDGMENT

1.0. Introduction

1.1. The Plaintiff in this action Thiagrajen a/l Veluchamy ('the Plaintiff') seeks from this Court an order of specific performance of an oral contract which he alleges to have existed between himself and the First Defendant, Suraish Naidu a/l R.E. Naidu ('D1') for the sale of fifty per cent (50%) of the shares in the Second Defendant company, KJW Engineering Sdn. Bhd. ('D2') by D1 to him for a sum of Ringgit Malaysia One Hundred and Fifty Thousand (RM150,000.00).

D1 however denies that there was ever any such oral contract entered into between the Plaintiff and himself.

1.2. The primary issue that arises for consideration in this case is whether or not an oral contract was entered into between the Plaintiff and the Defendant whereby the Defendant agreed to sell 50% of his shareholding in D2 to the Plaintiff for a sum of RM150,000.00 upon his acquisition of such shareholding from one Balakrishnan Iyavaloo. There is a direct conflict in the testimony of the Plaintiff and D1 as to whether or not such an oral contract existed. In order to ascertain whether or not such a contract subsists, it is necessary for the Court to consider the surrounding facts