JUDGMENT

Hamid Sultan Abu Backer J:

[1] This is my judgment in respect of the plaintiff's claim against the defendants in respect of a proposed Share Sale Agreement and against the 6th defendant for damages arising from Rental agreement. And the 6th defendant's counterclaim in respect of the plaintiff's breach of the Rental agreement.

[2] Parties have agreed that the issue of liability be dealt with first and issue of assessment of quantum (if any)be referred to the deputy registrar.

[3] In the instant case, the plaintiff's prayers read as follows:

"35. WHEREFORE, the plaintiff claims from the defendants:

a)An order of declaration that the plaintiff is the beneficial owner of 30% of the paid-up capital of the 6th and 7th defendants; or alternatively, 30% of net assets and properties of the 6th and 7th defendants, as at the date of the issuance of this writ, are held by 6th and 7th defendants in trust for the plaintiff;

b)An order of specific performance of the contract to sell 30% of the paid-up capital of the 6th and 7th defendants contained in the Documents for Share Sale as defined in para 26.1 of the Statement of Claim;

c)An order that the defendants and/or their agents and/or servants and/or employees do execute and give effect to the Documents for Share Sale within seven days from date of order, failing which, and without prejudice to other remedies the plaintiff has against the defendants, the registrar of this Honourable Court be empowered to execute and give effect to the Documents for Share Sale within seven days after the lapse of the above first mentioned period of time for the defendants and/or their agents and/or servants and/or employees to do so;

d)Damages in addition to orin lieuof specific performance;

e)Equitable damages;

f)An order that the Registrar of this Honourable Court to hold an inquiry to assess the damages awarded in paras (d)and (e)above;

g)Interest at the rate of 8% per annum on the amount of damages assessed pursuant to para (f)above commencing from 2 August 2007 or such other date as this Honourable Court deems fit until full and final settlement of the damages;

h)In addition and as against KO only, compensation in the sum of RM9,200,000;

i)Interest at the rate of 8% per annum on the sum of RM9,200,000 from such date as this Honourable Court deems fit until full and final settlement of the damages;

j)Declaration that the 8th defendant be responsible and liable tothe full extent of the liability APSB under the judgment of this Honourable Court;

k)The plaintiff is at liberty to apply for further directions and orders;

l)Costs to be taxed and paid by the defendants jointly and severally; and

m)Such further and other relief as the Court deems fit."

[4] It must be noted that the plaintiff did not seek any amendment to the prayers during the course of trial but in the submission attempts to amend the prayers surprising the Court. The said submission reads as follows:

"5. The claim of the plaintiff against the defendants can be divided into two categories, namely, as against the shareholders (1st to 5th defendants), for damages for breach of promise to sell their shares; as against the 6th defendant, Kurnia Outdoor Sdn Bhd ("KO"), for damages arising from the Rental agreement dated 13 November 2006 ("Rental agreement"). In details:

(1)1st defendant: for breach of their promise to sell 20% shares in KO and the 7th defendant, Jupiter Outdoor Network Sdn Bhd ("JO")to the plaintiff, and the plaintiff confines its claim to damages only;

(2)2nd defendant: although he was the registered shareholder of 30% of shares in KO and JO, he was the actual and beneficial owner of only 10% of the shares. The remaining 20% of the shares, though registered in his name, actually owned by the 5th defendant. Hence, the claim against the 2nd defendant is for breach of his promise to sell his proportion of 2% (instead of 6% due to the trust structure as admitted by him)of KO and JO shares to the plaintiff, and the plaintiff confines its claim to d