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2005 MarsdenLR 2230 ; 2005 MarsdenLR 1

GOPAL SRI RAM, ARIFIN JAKA, AUGUSTINE PAUL
PINSIA DEVELOPMENT SDN BHD – Appellant
Versus
HJ ABDUL HADI AHMAD – Respondent


Advocates:
For the appellants - Chuah Chong Ewe; M/s Sykt Ng & Anuar
For the respondents - R Balabedna; M/s Balabedna & Co

JUDGMENT

Gopal Sri Ram JCA: We heard this appeal yesterday and at the conclusion of arguments reserved judgment to today. This case concerns the construction to be placed on a clause in an option (exh. P2) granted by the intended vendor of certain immovable property to the intended purchaser. The questions of immediate moment are whether the option was properly exercised and whether there is a concluded agreement between the parties to this appeal. The clause in question (cl. 2) reads as follows: 2. The Intended Purchasers hereby agree to enter with a Sale and Purchase Agreement within 45 days of date hereof and to pay the balance sum amounting to a total of 10% of the total purchase price if they decide to exercise the option to purchase the abovementioned properties. It is the appellants' case that the aforesaid clause on its true construction means that the sale and purchase agreement contemplated by the clause must be executed and the balance of the 10% deposit referred to therein be paid at the time of such execution. There is no dispute that the balance of the 10% was not paid within the 45 days specified in cl. 2. However, according to the chronology of events we were taken

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