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HIGH COURT MALAYA SHAH ALAM
ONG PAH KIAN @ KOH POH KIAN & ANOR – Appellant
Versus
KOKELAVANEI KUNJOO & ANOR – Respondent
| Table of Content |
|---|
| 1. case arises from property sale agreement. (Para 1 , 2) |
| 2. execution of sale and purchase agreement details. (Para 4 , 5 , 7 , 8 , 12) |
| 3. plaintiffs assert entitlement to vacant possession. (Para 15 , 16 , 20 , 26) |
| 4. defendant claims deception regarding sale. (Para 29 , 31 , 35 , 37) |
| 5. assessment of credibility and evidence standards. (Para 39 , 41 , 46) |
| 6. transaction deemed a sham based on evidence. (Para 44 , 54 , 66) |
| 7. unlicensed moneylenders' agreements not enforceable. (Para 73 , 74) |
| 8. court dismisses plaintiffs' claims, allows counterclaims. (Para 79) |
Introduction
[1] The Plaintiffs' case arises from an agreement entered into with the 1st Defendant to buy her house. Having fully paid for the property, the 1st Defendant failed to deliver vacant possession. They seek for a declaration to the effect that the various documents executed by the 1st Defendant giving effect to the sale of her house to them is valid and for an order that she delivers vacant possession to them.
[2] The 1st Defendant in turn, claims that she never intended to sell her property. She only wanted a loan, and had executed documents pertaining a loan. She was shocked to la
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