HIGH COURT MALAYA KUALA LUMPUR
NG SOON HUAT – Appellant
Versus
TEH HONG ANN – Respondent
JUDGMENT
Introduction
[1] Enclosure 26 was the Plaintiff's application for summary judgment wherein the Plaintiff sought for, inter alia, the following reliefs:
(a) specific performance of the share sale agreement dated 1 September 2023 ("the SSA") for the sale of 119,815 shares ("the Sale Shares") held by the Plaintiff in Ann Heng Sdn Bhd ("the Company") through the following means:
(i) the Defendant to pay the remaining balance of RM4,000,000.00 to the Plaintiff within 14 days from the date of judgment; and
(ii) the parties to complete the sale of the Sale Shares in accordance with cl 4 of the SSA;
(b) alternatively, damages to be assessed for the Defendant's breach of contract as an addition or substitute for specific performance;
(c) the Defendant to procure the payment of Director's Fees by the Company to the Plaintiff at RM2,000.00 per month from August 2024 until the completion of the SSA as agreed and provided under cl 3.4 of the SSA;
(d) interest at a rate of 8% per annum on the remaining balance of RM4,000,000.00, calculated daily, from 1 March 2024 until the actual date of payment of the remaining balance.
[2] Significantly, the Defendant did not dispute that he h
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