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1992 MarsdenLR 621

HIGH COURT MALAYA JOHOR BAHRU
PLENITUDE HOLDINGS SDN BHD – Appellant
Versus
TAN SRI KHOO TECK PUAT & ANOR – Respondent


Petitioner Advocates:Wong Kim Fatt,Lee Fei Fung ,Respondent Advocate: Raja Aziz Addruse,Upali Masacorale,Robert Lai

JUDGMENT

PS Gill J:

[1] The plaintiffs claim specific performance in respect of an agreement for the sale of a piece of land known as Lot No 295 held under grant No 17259 situated in the Mukim of Tebrau, District of Johor Bahru measuring in area 1000.5 acres or thereabout (hereinafter referred to as "the said land"), and damages for wrongful termination of the agreement.

[2] By the said agreement dated 20 August 1984, Rumah Nanas, the second defendant company, (hereinafter referred to as the "second defendant") agreed to sell the said land free from encumbrances and with vacant possession to the plaintiffs at a price of RM47,939,958.

[3] The plaintiffs as required by Clause 3.1 paid a sum of RM4,793,995.80 which sum represented 10% of the purchase price by way of forfeitable deposit upon the execution of the said agreement. The balance of the purchase price was to be paid within six months from the date of the execution of the said agreement under Clause 3.2.

[4] The agreement contained two other relevant clauses, namely Clause 3.3 and 3.4 which read as follows:

3.3 In the event the purchaser is unable to complete the sale and purchase on or before the completion date, then upon such wri

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