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1997 MarsdenLR 485

HIGH COURT MALAYA IPOH
SEEMA DEVELOPMENT SDN BHD – Appellant
Versus
MAH KIM CHYE & ANOR – Respondent


JUDGMENT

Abdul Hamid Embong J:

Two similar inter partes applications viz encl 65 in GS. 404-86 and encl 49 in GS. 405-86, were made by the plaintiff seeking for a post judgment Mareva injunction couched in the following words:-

The defendant whether by himself, his servants or agents or otherwise be restrained from applying to the High Court for the payment out of the sum of RM144,202.72 standing to the credit of the defendant in Court being compensation for the compulsory acquisition of 0.99515 hectre of the land held under H.S.(D) L.P. No 572/79 for lot P.T. 1965 in the Mukim of Durien Sebatang in the District of Hilir Perak awarded by the Collector of Land Revenue for Hilir Perak and deposited in the High Court by the said Collector pursuant to an Order made in Ipoh High Court Originating Summons No 21- 48-89 and from receiving payment from the Accountant General Malaysia before the full settlement of the judgment dated 17 October 1996 obtained by the plaintiff in this suit.

On 17 October 1996 this Court had, after a full trial of both civil suits, allowed the plaintiff's claim for a refund of the money it had paid to the defendant under a sale and purchase agreement of the defendan

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