Ape Electrical Sdn Bhd v Chandra Segar a/l L Marullamulth & Anor and another appeal [2022] MLJU 2251

COURT OF APPEAL (PUTRAJAYA)
YAACOB MD SAM, RAVINTHRAN PARAMAGURU AND GUNALAN MUNIANDY JJCA
CIVIL APPEAL NOS B-02(NCVC)(W)-1785-09 OF 2018 AND B-02(NCVC)(W)-1786-09 OF 2018
21 September 2022

GROUNDS OF JUDGMENTINTRODUCTION

[1]  Before us are 2 appeals which, for convenience we would refer to as Appeal No. 1785 and Appeal No. 1786 (“1st and 2^nd Appeals”). The 1^st Appeal is by the 1^st Defendant (“D1”) in the civil suit heard by the Learned Judicial Commissioners (“LJC”) in the Shah Alam High Court whereas the 2^nd Appeal is by the Plaintiffs (“P1 and P2”) in the same civil suit. The Appellant (D1) in the 1^st Appeal is dissatisfied with the LJC’s decision to allow the Plaintiffs’ claim against him and dismiss his counter-claim whereas the Appellants (P1 and P2) in the 2^nd Appeal are dissatisfied with the LJC’s decision to invoke S.66 of the Contracts Act, 1950 and consequentially, to order restitution to the original positions 3 pieces of landed properties that originally belonged to the Plaintiffs that were the subject of the suit before the High Court (“the Subject Properties”).