Privity of contract dictates only parties to a contract can enforce it; a mere beneficiary lacks enforceable rights.

[1]There were three appeals before this court. These were Civil Appeal No: W-02(IM)(NCC)-997 May 2016, Civil Appeal No W-02(IM)(NCC)-1005- 05-2016 and Civil Appeal No W-02(IM)(NCC)-998 May 2016. We found it convenient and appropriate to hear the three appeals together as they arose from one civil action in the Kuala Lumpur High court under Suit No 22NCC- 38 November 2015. The appeals therefore were related whilst undeniably involving the same parties besides the same common core facts and issues. We propose to give reasons for our decisions with respect to these appeals in one common judgment. Before proceeding further, we may mention that in the court below, the respondent herein, namely Tan Boon Thien as plaintiff, commenced this action against the three appellants and Tan Kim Choo @ Tan Kim Choon as the 4th defendant by way of a Writ of Summons and Statement of Claim. The respondent was seeking, inter alia, declarations that a purported oral agreement in 2004 was valid and binding on the appellants, that the appellants ceased to be shareholders of 525,135 shares in Syarikat Tan Kim Choo Holdings Sdn Bhd and the said shares belonged to the 4th defendant. The respondent also sought an order that the appellants do transfer these shares to the 4th defendant. A declaratory order was also sought by the respondent that the extraordinary general meeting of Syarikat Tan Kim Choo Holdings Sdn Bhd requisitioned pursuant to s 149(1) of the Companies Act 1965 on 30 October 2015 was void and illegal.