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2023 MarsdenLR 2092

COURT OF APPEAL PUTRAJAYA
NASAHARUDIN MOHD ISA – Appellant
Versus
MOHAN PARAMASIVAM & ORS – Respondent


Petitioner Advocates:Istritharan Nadarajan,Parveen Paniselvam ,Respondent Advocate: Hafizah Johor Ariff Johor

Gunalan Muniandy JCA:

Introduction

[1] This appeal is against the decision of the Learned Judge of the High Court ['LJ'] in a suit filed by the Plaintiff/Appellant ['P'] against 6 Defendants/ Respondents ['R1 - R6'] jointly and severally. A judgment in default ['JID'] had been obtained against the 1st Defendant ['R1'] on 10 January 2017 who, thus, was not involved in the trial at the High Court. As regards R2 and R3, the pleaded cause of action was breach of undertaking and/or negligence in their capacity as solicitors for the purchaser ['R1']. In respect of R4 - R6, the Appellant pleaded that they too as solicitors for the subsequent purchaser had acted negligently in failing, refusing or omitting to ensure that the full purchase price as per the Consent Judgment ['CJ'] is released to P's solicitors. At the conclusion of the trial, the LJ dismissed P's claim against both the sets of solicitors [R2 - R6]. Hence this appeal.

Background Facts

[2] The Appellant was the registered owner of all that piece of land held under Geran Hakmilik No 18104, at Lot 3022, Mukim Sepang, Daerah Kuala Langat, Selangor until 25 June 2015, ["the Land"].

[3] R1 filed a civil suit against the Appellant at the

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