HIGH COURT (KUALA LUMPUR)
LEONG WAI HONG, JC
Affan bin Mohd Nawi & Ors – Appellant
Versus
Lakefront Residence Sdn Bhd & Ors – Respondent
JudgmentIntroduction
[1]“Kata itu kota” is a well-known peribahasa. It means that every promise made must be honoured. Its English equivalent is “A man’s word is his bond”.
[2]In the instant case before me, the plaintiff’s learned counsel Ravindran Shanmuganathan submits that there is a prevalence of developers riding roughshod over the Latin maxim Omnia promissa servanda, “All promises must be kept”.
[3]He urges me to hold the defendant developer in this case to its promise to the 46 house buyers here.
[4]Learned counsel for the defendants Justine Voon urges me not to be swayed by the emotive language of the plaintiffs’ counsel.
[5]Let me put Mr Voon’s fears to bed at the outset. The Court will always treat a developer and the property buyers fairly and squarely, without fear or favour.
[6]However, if a developer had contracted with the buyers to deliver a development with specific features, the court expects the developer to meet its bargain. Nothing more nothing less.
Background Facts
[7]This is a suit filed by 46 plaintiffs who are house buyers against Lakefront Residence Sdn Bhd / the 1st defendant (“D1”) who is the developer of a housing development known as Lakefro
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