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Cases

KHATIJAH ABDULLAH & ORS v. MOHD ISA BIRAN
Federal Court, Putrajaya
Arifin Zakaria CJ, Zulkefli Ahmad Makinudin CJM, Suriyadi Halim Omar, Hasan Lah, Aziah Ali FCJJ
[Civil Appeal No: 02(f)-28-04-2015(W)]
12 January 2017
[2017] 2 MLRA 509

JUDGMENT

Aziah Ali FCJ:

Introduction

[1] This is an appeal by the appellants against the decision of the Court of Appeal dated 22 August 2013 which had allowed the respondent's appeal against the decision of the High Court dated 31 October 2012 which allowed the appellants' claim and dismissed the respondent's counterclaim.

Questions Of Law

[2] On 26 March 2015, leave to appeal was granted by this court on the following questions of law:

(a) Whether limitation applies to a case where the contract becomes void and/or unenforceable for failure of a condition precedent?

(b) Whether judgment could be entered in favour of the defaulting party where the contract was void and/or unenforceable for failure of a condition precedent?

Background Facts

[3] The 1st, 2nd, 3rd and 4th appellants together with one Mohtar bin Abdullah jointly owned a piece of land known as PM No 256, Lot No 13648, Kg Sg Kayu Ara, Mukim of Sungai Buluh, District of Petaling, State of Selangor Darul Ehsan ('the land'). The land is subject to an express restriction in interest as follows:

CASE HIGHLIGHTS

PRESS METAL SARAWAK SDN BHD v. ETIQA TAKAFUL BERHAD
Federal Court, Putrajaya
2016] 5 MLRA 529
[Civil Appeal No: 02(i)-27-04-2015(W)]
15 August 2016 [+]
TAN POOI YEE v. KETUA PENGARAH JABATAN PENDAFTARAN NEGARA
High Court Malaya, Kuala Lumpur
[2016] 5 MLRH 501
24NCVC-1306-08-2015
18 July 2016 [+]
ILANGOVAN KRISHNAN v. SHIYA SDN BHD
Industrial Court, Johor
[2016] 2 MELR 374
16/4-157/15
27 April 2016 [+]
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