Siti Norma Yaakob JCA:

The principal issue raised in this appeal is whether the doctrine of frustration applies as to discharge the parties in these proceedings from their obligations under the sale and purchase agreement entered into between them. That issue arose from the following undisputed facts.

On 28 August 1974, the appellant became the registered proprietor of a 275 share in land held under Lot 569, GM 26, Mukim 7, Seberang Perai Tengah, Penang. The other 275 share formed the only asset of the estate of one Hatijah binti Haji Jusoh, (the deceased) who died on 17 June 1924. The estate was administered by the deceased's husband, one Mat bin Musa but when he died on 12 December 1945 without fully administering the deceased's estate, the respondent, being the sole beneficiary took over the administration of the estate on 24 July 1975 and it was in her capacity as the Administratrix of her grandmother's estate that the respondent entered into a sale and purchase agreement (the agreement) with the appellant to sell the deceased's 275 share of the property to the appellant. By this sale, the appellant stood to be the proprietor of the whole propert