JUDGMENT

Mahadev Shankar J:

The legacy which Amos William Dawe and his friends left behind them in Johore is still very much with us and the name of Mosbert will continue to haunt the Courts for sometime to come.

Chatib bin Kari, the plaintiff in this matter (hereafter referred to as `Chatib') was apparently one of those many Malaysians of modest means whose dream it was to become a landowner in his own right.

On 19 April 1967 he entered into a formal agreement (the said agreement) with Amos William Dawe and Lim Meng Ah (the Vendors) to buy some 6,000 square feet of land (hereafter referred to as the `said property'). The said property was a small part of a large parcel of land comprised in the documents of title described as Johore Grant No. 72 and No. 2587 for Lots 83 and 1880 in the district of Johore and the Mukim of Plentong respectively. The land is hereafter referred to as `the said land'. The Vendors were then trading as a firm under the style of Syarikat Mosbert. They represented to Chatib that they would develop on the said land a building estate known as Taman Chendrakaseh (`the said Estate').

The said agreement is quite comprehensive and was prepared by M/s. Allen & Gle