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ZAKI TUN AZMI, ZULKEFLI MAKINUDIN, JAMES FOONG
ASIA GENERAL EQUIPMENT AND SUPPLIES SDN BHD & ORS – Appellant
Versus
MOHD SARI DATUK HJ NUAR & ORS – Respondent
| Table of Content |
|---|
| 1. factual background of the loan agreement and shares (Para 2 , 3 , 4 , 5 , 6 , 7 , 8) |
| 2. nature of plaintiffs' claims and requested remedies (Para 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16) |
| 3. high court's findings on liability and breaches (Para 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24) |
| 4. high court findings on claims and issues. (Para 25) |
| 5. court of appeal's reasoning on limitation defense (Para 26 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35) |
| 6. court of appeal's reasoning for appeal. (Para 27) |
| 7. clarification of when plaintiffs' claims accrue (Para 37 , 38 , 39) |
| 8. determining the accrual of causes of action. (Para 40) |
James Foong FCJ:
Introduction
(1) This appeal involves limitation period to bring an action. For ease of reading, we shall refer to the parties as they were in the court of first instance. And to appreciate the questions posed to us, we shall begin with the facts.
Facts
(2) The plaintiffs were shareholders in a private limited company known as Steel Furniture Centre (Sabah) Sdn Bhd (the company). The name of the company was subsequently changed to Multi Industries (Sabah) Sdn Bhd.
(3) On 9 February 1983, the plaintiffs, the company and the 1st defendant
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