JUDGMENT

Saiful Azian Mokhtar JC:

Introduction

[1] This judgment after a full trial deals with a sale and purchase of an undivided share in a parcel of land and the subsequent attempt by the Plaintiff, as the purchaser to subdivide the said parcel of land into two separate sub-divided titles.

[2] The Defendant, as the vendor refused to agree to the subdivision and even alleged that there was no sale of the land but instead the land was only used as security for an alleged loan.

Background Facts

[3] The Defendant was the registered owner of a parcel of land held under Native Title 083248891 situated in the District of Telupid, Sabah measuring an area about 4.045 hectares, more or less ("the said Land").

[4] By a Sale and Purchase Agreement dated 20 June 2017 ("the SPA"), the Defendant agreed to sell and the Plaintiff agreed to purchase a portion of said Land measuring about 2.218 hectares (5.48 acres) (equivalent to 548/999 undivided share) ("the Plaintiff's Land") in consideration of RM27,400.00.

[5] By a Supplemental Sale and Purchase Agreement dated 24 September 2019 ("the Supplemental SPA"), it was agreed, inter alia, as follows:

(i) That the size of the Plaintiff's Land, which was origi