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2008 MarsdenLR 3918 ; 2008 MarsdenLR 1

ZAKARIA SAM
LOH ENG LEONG & 2 ORS – Appellant
Versus
LO MU SEN & SONS (SDN) BERHAD & ANOR – Respondent


GROUNDS OF JUDGMENT

There are 5 applications before this court namely:

L.85 - The application by the applicants for an order of committal against all the respondents for 'contempt'.

L.94 - The application by the 2nd and 3rd respondent to set aside L.85;

L.108 - The application by the 4th respondent to set aside L.85;

L.125 - The application by the 1st and 2nd respondents for an order of committal against the applicants for contempt, and

L.134 - The application by the applicant to set aside L.125.

As all the five applications are interrelated, I will deal with the application ie, L.85, L94 and L.108 together and another sets L.125 and L.134 together.

Background Facts

L.85. L.94 and L.108

In brief, in these proceedings the respondents contended that the first transfer of the 161 shares from the 4th respondent to the 2nd respondent in 1996 was 'on a willing buyer and willing seller basis'. It is not disputed that the 2nd respondent had paid the sum of approximately RM500,000/- to the 4th respondent for the purchase of the shares. The applicants then commenced this action against the respondents and contended that the sale and transfer of the shares was void and was in breach of the ar

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