Question
Subject: Malaysian Legal System Question: Datuk Man entered into a contract to buy a piece of land in Kulai, Johore from Datuk Wong for the
Subject: Malaysian Legal System
Question: Datuk Man entered into a contract to buy a piece of land in Kulai, Johore from Datuk Wong for the price of RM1.5 million. The purpose of the purchase is to grow palm oil tree. He was informed by Datuk Wong that the land is suitable for palm oil plantation. However, after paying the deposit of RM100,000 and signing the sale and purchase agreement, Datuk Man found that part of the land was being used by Air Johore Bhd for water pipelines and by Tenaga Nasional Bhd for transmission cables. Datuk Man claimed that the purchase price should be reduced. A few weeks ago, he discovered that the land is not suitable for palm oil plantation. Datuk Man is considering to terminate the contract as his consent to the contract was obtained by fraud. Last week, Danny, Datuk Wong's 17 years old son was involved in a fight with Sony at a night club. He accidentally stabbed Sony on the chest which caused Sony's death.
Based on the above, answer the following questions:
a) Datuk Man wishes to apply to the court for the rescission of the contract. Identify the relevant court that will hear the case. Explain the jurisdiction of the court. (8m)
b) Danny was arrested and charged for murder. Which court shall have the jurisdiction to hear his case? Explain the jurisdiction of the court. (12m)
Format:- using ILAS, please state the 'RELEVANT & SUITABLE CASE' to prove and support your argument!!
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