Datin Zalita Binti Dato’ Zaidan JC:

GROUNDS OF JUDGMENT

Introduction

[1]This is an appeal by the Appellant who was the Defendant, on the decision of the Sessions Court in allowing for the summary judgment under Order 14 of the Rules of Court 2012

[2]Both parties, in this judgment, will be known as they were in the Sessions Court.

Factual Background

[3]The Plaintiff’s claim against the Defendant is for liquidated damages of the sum RM348,003.94 due to the Defendant’s delay of 3107 days in delivering vacant possession of a double storey semi-detached house held under the title H.S.(D) 177895, P.T. 4922 Mukim Bukit Raja, District of Petaling, State of Selangor Darul Ehsan with a postal address of No.3, Jalan Pulau Indanh U10/58, Seksyen U10, 40170 Shah Alam, Selangor Darul Ehsan (the said Property).

[4]The Plaintiff is a Malaysian citizen of full age having his residential address at No.7, Jalan SL 7/5, Bandar Sungai Long, 43000 Kajang, Selangor Darul Ehsan whereas the Defendant is a private limited company duly incorporated in Malaysia with its registered address at No. 1, Lintang Angsana, Bandar Baru Ayer Itam, 11500 Pulau Pinang and its business address at No. 2-8, Bangunan Farlim, Jalan