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HIGH COURT MALAYA KUANTAN
CH CHOO & SONS SDN BHD – Appellant
Versus
WONG NYUK SHING @ WONG TECK TSIN – Respondent
| Table of Content |
|---|
| 1. plaintiffs' claim based on alleged profits from land sale. (Para 1 , 2) |
| 2. court's analysis of evidence and lack of established claims. (Para 4 , 5) |
| 3. challenges on plaintiffs' duty to amend pleadings. (Para 6 , 12) |
| 4. legal basis for rejection of unpleaded claims under contracts act. (Para 7 , 9) |
| 5. court's preference for documentary over oral evidence. (Para 8 , 10) |
| 6. failure of plaintiffs under s 71 of contracts act. (Para 13 , 16) |
| 7. defendant's rebuttal of plaintiffs' claims and lack of evidence. (Para 14 , 18) |
| 8. judgment dismissal of plaintiffs' claim with costs. (Para 19) |
[1] The plaintiffs' claim against the defendant as per Statement of Claim dated 29.12.2001 is, for the sum of RM1,260,093.70 million being 30% share of the profits derived from the sale of land held under C.T. 4574 Lot 842, Mukim Triang, Daerah Temerloh (hereinafter referred to as 'the said land'). However, through several amendments made during the course of the trial the plaintiffs' claim stands at RM1,092,370.44 million.
[2] The defendant has denied the plaintiffs' claim. By the Statement of Defence, the defendant has pleaded that amongst others, the agreement between the plaint
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