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HIGH COURT MALAYA PULAU PINANG
KHATIJAH MD IBRAHIM & ANOR – Appellant
Versus
NORTHERN SKYLINE SDN BHD – Respondent
| Table of Content |
|---|
| 1. ownership and dispute over sale contract (Para 1 , 2 , 3 , 4 , 5) |
| 2. process of appeal and reinstatement of suit (Para 6 , 7 , 8 , 9 , 10) |
| 3. witness testimonies in trial (Para 11 , 12 , 13) |
| 4. burden of proof in impeachment suits (Para 14 , 15 , 19 , 20) |
| 5. allegations of fraud and misrepresentation (Para 17 , 21 , 24) |
| 6. evidence issues related to disclosure (Para 22 , 23) |
(Post-Trial: Suit To Impeach An Earlier Judgment)
Prelusion
[1] The Plaintiffs are mother and son. The 1st Plaintiff is the mother (P1). The 2nd Plaintiff is the son (P2). P1 owns a piece of land under the title: Geran 21594, Lot 3, Seksyen 5, Bandar Georgetown, Daerah Timur Laut, Pulau Pinang (Lot 3).
[2] There was a disputed transaction to sell Lot 3 to the Defendant (D). It was disputed because P1 asserted that there was no contract to sell Lot 3 to D. Oppositely, D asserted that there was indeed a contract to sell and buy Lot 3.
[3] In 2014, D filed a suit against P1. The suit was civil suit No: 22NCVC-97-06/2014 (Suit 97). D sought the relief of specific performance  for P1 to specifically perform the sale and purchase agreement between D and P1 for Lot 3. The High Court
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