ABDUL HAMID MOHAMAD, CJ, AUGUSTINE PAUL, J, ABDUL AZIZ MOHAMAD, FCJ
Ali bin Tan Sri Abdul Kadir & Ors – Appellant
Versus
Simpang Empat Plantation Sdn Bhd – Respondent
| Table of Content |
|---|
| 1. ownership and financing background. (Para 1) |
| 2. court's rationale on preliminary objections. (Para 3 , 4 , 9) |
| 3. second suit ownership and claims. (Para 5 , 6 , 8) |
| 4. res judicata and its application discussed. (Para 12 , 15) |
| 5. final court and res judicata rulings. (Para 17 , 29 , 34) |
| 6. conclusion and order of appeal. (Para 39 , 40) |
[1]Simpang Empat Plantation Sdn Bhd (‘Simpang Empat’) the respondent herein was the registered owner of the land in question. In 1990 it obtained a loan from the fourth appellant (‘MBf Finance Bhd’) for RM2.5m. The loan was secured by a debenture and a charge under the National Land Code (‘ NLC ’). In May 1992, MBf Finance Bhd recalled the loan and appointed the first three appellants as receivers and managers of Simpang Empat pursuant to the debenture. Simpang Empat then filed a writ against the first four appellants ie, MBf Finance Bhd and the receivers and managers claiming that the receivers had no power of sale over the said plantation. Simpang Empat also asked for an injunction to be granted against the receivers to restrain them from proceeding with the sale of th
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