JUDGMENT

Arifin Zakaria FCJ:

[1] This appeal came before us on a single question of law which reads as follows:

Whether the Joint Venture Agreement dated 5 October 1992 entered into by the Appellant (of the one part) and by the Second and Sixth Respondents (of the other part) before the grant of letters of administration and before Distribution Order is made is a valid and enforceable agreement and binding on all the Respondents once the letters of administration are issued and Distribution Order is made and the parties to the Joint Venture Agreement are in a position to specifically perform the Joint Venture Agreement.

[2] After having heard arguments of counsel for the parties we adjourned the matter for our consideration and we now give our decision and reasons for the same.

The Background Facts

[3] The claim by the appellant (plaintiff in the court below) arose out of the agreement dated 5 October 1992 (the agreement) purportedly entered into by the Estate of Ujagar Singh s/o Bhagat Singh (deceased) (the Estate) of the one part and the appellant on the other part. The agreement relates to the development of 2 pieces of land namely, EMR 4092 lot 2767 and EMR 4093 Lot 2768, Mukim