JUDGMENT

Steve Ritikos JC:

Introduction

[1] The Plaintiff is a company registered in Malaysia under the Companies Act 2016 with its registered address at Unit 07-03, 7th Floor, Wisma Damai Point, 88300 Kota Kinabalu, Sabah.

[2] The Defendant, Majlis Perbandaran Tawau, is the municipal council for Tawau district in Sabah and whose duties under the Local Government Ordinance includes to execute works of such general advantage to the health, convenience or comfort of the inhabitants for Tawau as seem desirable.

[3] The Defendant, pursuant to s 7 of the Local Government Ordinance 1961 is also a body corporate having perpetual succession and a common seal and shall be capable in law of suing and being sued in its corporate title.

[4] The Plaintiff's claims against the Defendant are for the following relief:

(a) A declaration that the Defendant has breached the 2 Letters of Acceptance of Tender dated 28 July 2020;

(b) Damages to be assessed against the Defendant;

(c) Interest on damages assessed at the rate of 5% per annum pursuant to s 11 of the Civil Law Act 1956 or at such rate to be determined by this Court from 1 April 2021 to date of judgment;

(d) Interest at the rate of 5% per annum on th