KHATIJAH ABDULLAH & ORS v. MOHD ISA BIRAN

[2017] 2 MLRA 509
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)]
Arifin Zakaria CJ, Zulkefli Ahmad Makinudin CJM, Suriyadi Halim Omar, Hasan Lah, Aziah Ali FCJJ

Civil Procedure : Limitation - Defence - Contract for sale of land contingent upon purchaser applying for consent from State Authority to transfer the land - Purchaser failing to apply for such consent - Whether sale and purchase agreement for sale of such land void under s 33 Contracts Act 1950 - Action by vendor for declaration that such sale and purchase agreement no longer in force - Action by vendor to forfeit deposit paid - Defence of limitation raised by purchaser - Whether limitation could be invoked - Whether defence of limitation available to the purchaser

Contract : Sale and purchase of land - Contingent contract - Express restriction in interest - Land subject to express restriction in interest restricting transfer, lease or charge of land without consent of State Authority - Purchaser donee of Power of Attorney to deal with land - Whether authority conferred upon Purchaser under Power of Attorney included authority to apply for required consent from State Authority to transfer the land - Whether requirement for consent to transfer from the State Authority a condition precedent to be fulfilled before any transfer of land possible

Sign up to view full cases Login