1. ) FAIRUZ EDZUAN BIN JAMALUDIN 2. ) INTAN AZURA BT MD DESA v 1. ) CITYVILLA MANAGEMENT SDN. BHD. 2. ) THAM CHENG LOCK 3. ) THAM GIAP CHAI
wa-22ncvc-775-11-2021 High Court (Mahkamah Tinggi) 9 December 2025 • WA-22NCvC-775-11/2021 • 2 min read
Catchwords
The plaintiffs in this action are asking for a declaration that the Sale and Purchase Agreement ("SPA") that they entered into with the first defendant for the sale of their shares in a company be declared terminated as a result of the first defendant's failure to pay them the purchase price, rendering it null and void. The plaintiffs are also seeking not only the return of their shares, but also seeking payment of the purchase price. Meanwhile, the defendants counterclaim for RM5,000,000.00, claiming that the plaintiffs have damaged their reputation when the plaintiff allegedly deceived the defendants by hiding some facts in the SPA thereby defaming the defendants. The plaintiffs' case is fundamentally flawed because they seek the return of the sale shares as well as the purchase price from the defendants. In this matter, the plaintiffs failed to make an election, which resulted in inconsistency between the relief requested by the plaintiffs and may also constitute unjust enrichment. Meanwhile, upon analysing the defendants' pleadings, it appears that they have abandoned their pleaded case of defamation and are now advancing new issues in their counterclaim. The defendants thus cannot succeed due to the fact that the defendants have not pleaded on any basis for advancing their new arguments. Based on the foregoing, the court dismisses both the plaintiffs' action and the defendants' counterclaim, with no order as to costs.
Case Significance
1. ) FAIRUZ EDZUAN BIN JAMALUDIN 2. ) INTAN AZURA BT MD DESA v 1. ) CITYVILLA... is a High Court (Mahkamah Tinggi) decision dated December 9, 2025 (citation: wa-22ncvc-775-11-2021). The case was decided by Raja Ahmad Mohzanuddin Shah bin Raja Mohzan.
Key issues: Based on the foregoing, the court dismisses both the plaintiffs' action and the defendants' counterclaim, with no order as to costs..
What was the outcome of 1. ) FAIRUZ EDZUAN BIN JAMALUDIN 2. ) INTAN AZURA BT MD DESA v 1. ) CITYVILLA...?
1. ) FAIRUZ EDZUAN BIN JAMALUDIN 2. ) INTAN AZURA BT MD DESA v 1. ) CITYVILLA... is a High Court decision dated December 9, 2025. The case was heard by Raja Ahmad Mohzanuddin Shah bin Raja Mohzan. See the full judgment for details.
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (wa-22ncvc-775-11-2021)