JUDGMENT

Mohd Sofian Abd Razak J:

[1] On 26 September 2006 the court heard the defendant's summons in chambers (encl. 13) dated 3 January 2006 pursuant to O. 14A and . Upon reading encl. 13 and perusing the affidavit in support (encl. 14) and the affidavit in reply by the plaintiff (encl. 15) and the written submissions by both parties, the court allowed the defendant's application and dismissed the plaintiff's claim with costs. The plaintiff who was dissatisfied with the said decision has since filed an appeal.

The Pleadings

Plaintiff's Claim

[2] On or about 25 March 1996, the plaintiff entered into a sale and purchase agreement (hereinafter called the tripartite JVA) (exh. 'N1') with the defendant whereby the plaintiff agreed to buy and the defendant agreed to sell property held under H.S.(D) 1789/95 No. Lot PT 9254, Mukim Pengkalan Kundor, Daerah Kota Setar, Kedah at the purchase price of RM135,002 (hereinafter called the 'said property').

[3]Inter alia the salient terms of the tripartite JVA are as follows:

a) the purchaser is the plaintiff and the vendor is the defendant.

b) the defendant had represented to the plaintiff that the defendant was at all material times the beneficial ow