MOHAMAD YAZID BIN ISMAIL v 1. ) PERKHIDMATAN WARISAN TUAH (Didakwa sebagai Firma) 2. ) Mohamed Yusoff Bin Salleh (Didakwa dalam kapasiti sebagai Rakan Kongsi/Pekongsi PERKHIDMATAN WARISAN TUAH) (No. Pendaftaran Perkongsian: 198703065431 (AS0082548-W)) 3. ) Azhaar Bin Mohamed Yusoff (Didakwa dalam kapasiti sebagai Rakan Kongsi/Pekongsi PERKHIDMATAN WARISAN TUAH) (No. Pendaftaran Perkongsian: 198703065431 (AS0082548-W))
Catchwords
Full trial – The Plaintiff’s claim against the Defendants is for breach/wrongful termination of the oral agreement entered into between parties sometime in 2019 with respect to the business of a petrol station and snack shop on a piece of land. Issue: a. Whether the Plaintiff and the Defendants have entered into and/or agreed to an oral agreement; b. Whether the said oral agreement exists and/or is accepted and/or is in effect/enforceable between the Plaintiff and the Defendants. c. Whether the said oral agreement is and/or had resulted in a joint venture or sale agreement between the Plaintiff and the First Defendant. d. Whether the Defendants had jointly and/or individually committed conspiracy and/or fraud and misrepresentation of facts to the Plaintiff. e. Whether the Defendants are estopped from denying that the said oral agreement was terminated wrongfully and/or unlawfully and/or baselessly and/or maliciously and that the Defendants had breached the said oral agreement or was it mutually terminated. f. Illegality. - The Court finds that parties have entered into an oral agreement for a joint venture in respect of the business on the land and the Defendants have wrongfully and/or unlawfully and/or baselessly and/or maliciously terminated the said oral agreement. - The Court also finds that there is no conspiracy and/or fraudulent misrepresentation committed by the Defendants. - The Court do not find any basis of illegality in the terms of the oral agreement. - The Court allows the Plaintiff’s claim for breach of the oral agreement and negligent misstatement against the Defendants. - the plaintiff awarded a sum of RM 6, 576,582.74 and RM 740,880.14 as loss of profits for the term of the Joint Venture.
Judges (1)
Judgment
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Read on eJudgmentSource: eJudgment (pa-22ncvc-112-08-2022)