Kader Mydeen v Gulab Bhojraj: Breach of Contract & Right of First Refusal
In the Singapore High Court case of Kader Mydeen s/o Muthu Ibrahim Samsudin v Gulab Bhojraj and Another, Mydeen sued Gulab Bhojraj and his wife, Mrs. Kareshma Gulab Bhojraj, for breach of contract, alleging that they failed to honor a right of first refusal to purchase a property as stipulated in their tenancy agreement. Mydeen claimed that the property was sold to a third party without him being given the opportunity to purchase it. The court found that the defendants had breached the contract and granted interlocutory judgment to Mydeen, with damages to be assessed.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Interlocutory judgment granted to the plaintiff with damages to be assessed.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Kader Mydeen sued Gulab Bhojraj for breach of contract, alleging failure to honor a right of first refusal to purchase property. The court ruled in favor of Mydeen.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Kader Mydeen s/o Muthu Ibrahim Samsudin | Plaintiff | Individual | Interlocutory judgment | Won | Surian Sidambaram, M Mahendran |
| Gulab Bhojraj | Defendant | Individual | Claim upheld | Lost | Teo Keng Siang, K Ravendra |
| Mrs Kareshma Gulab Bhojraj Nee Sangeeta Jaikishin Jethani | Defendant | Individual | Claim upheld | Lost | Teo Keng Siang, K Ravendra |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Woo Bih Li | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Surian Sidambaram | Surian & Partners |
| M Mahendran | Surian & Partners |
| Teo Keng Siang | Teo Keng Siang & Partners |
| K Ravendra | Teo Keng Siang & Partners |
4. Facts
- Mydeen ran a food stall and wanted to expand his business.
- Mydeen contacted Tony, a real estate agent, to find suitable properties.
- Mydeen signed a tenancy agreement with Sam for a property at $12,000 a month.
- The tenancy agreement included a right of first refusal for Mydeen to purchase the property.
- The property was sold to a third party, Lau Kwai Lan, without Mydeen being given the opportunity to purchase it.
- Sam claimed Mydeen was offered the property for $1.8 million and $1.928 million but declined.
- Mydeen filed a Writ of Summons and lodged a caveat on the property.
5. Formal Citations
- Kader Mydeen s/o Muthu Ibrahim Samsudin v Gulab Bhojraj and Another, Suit 516/2007, [2008] SGHC 175
6. Timeline
| Date | Event |
|---|---|
| Defendants exercised an option to purchase the Property | |
| Defendants were given possession of the Property | |
| Tony informed Mydeen about the Property | |
| Letter of intent signed to rent the Property | |
| Defendants' purchase of the Property was completed | |
| Tenancy agreement signed | |
| Option to purchase granted to Lau Kwai Lan | |
| Option to purchase exercised by Lau Kwai Lan | |
| Mydeen secured the necessary license | |
| Mydeen started operations at the Property | |
| Mydeen was told that the Property had been sold to a third party | |
| Writ of Summons filed by Mydeen | |
| Mydeen lodged a caveat on the Property | |
| Sale of property completed to Lau Kwai Lan | |
| Decision Date |
7. Legal Issues
- Breach of Contract
- Outcome: The court found that the defendants breached their contractual obligation to give the plaintiff the first priority to purchase the property.
- Category: Substantive
- Sub-Issues:
- Failure to honor right of first refusal
8. Remedies Sought
- Specific Performance
- Damages
9. Cause of Actions
- Breach of Contract
10. Practice Areas
- Commercial Litigation
- Real Estate Litigation
11. Industries
- Real Estate
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| No cited cases | |||||
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| No applicable statutes | |
15. Key Terms and Keywords
15.1 Key Terms
- Right of first refusal
- Tenancy agreement
- Interlocutory judgment
- Caveat
- Option to purchase
- Breach of contractual obligation
15.2 Keywords
- breach of contract
- right of first refusal
- tenancy agreement
- property sale
- singapore
- real estate
16. Subjects
- Contract Dispute
- Real Estate Transaction
17. Areas of Law
- Contract Law
- Real Estate Law
- Landlord-Tenant Law