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HIGH COURT SABAH & SARAWAK KOTA KINABALU
DATUK HARRIS MOHD SALLEH – Appellant
Versus
AQLEEM EMAS SDN BHD – Respondent
| Table of Content |
|---|
| 1. plaintiff's ownership and complaints against defendant (Para 1 , 2 , 3 , 4) |
| 2. court actions and interpretations regarding pleadings (Para 5 , 6) |
| 3. issues to be tried concerning breach and duties (Para 7 , 8 , 9 , 11 , 12) |
| 4. covenants and obligations within the spa (Para 10 , 14 , 15 , 16 , 17 , 19) |
| 5. clarification on powers and conditions in pa and spa (Para 20 , 21 , 22) |
| 6. commercial intention underlying the agreements (Para 23) |
| 7. no breach and fiduciary duty between parties (Para 24 , 25) |
| 8. dismissal of plaintiff's suit with costs (Para 26) |
[1] The Plaintiff was the registered owner of a parcel of land described as Provisional Lease No 206290066. The Plaintiff sold the land to the Defendant for the purchase price of RM 5,000,000.00 pursuant to a Sale and Purchase Agreement (SPA) dated 03 August 1995. The Plaintiff also granted a Power of Attorney dated 3 August 1995 (PA) in favour of the Defendant pursuant to the SPA.
[2] The Plaintiff complained that the Defendant was in breach of the SPA when the Defendant did not register the land in its own name but instead registered a RM 5 million charge as security for the purchase price against the land.
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