JUDGMENT

Roz Mawar Rozain J:

[1] Submissions by both parties were heard on 16 January 2025. This Court stood the matter down for deliberation. This appeal raises important questions about force majeure in the context of property development during the COVID-19 pandemic. At its heart lies the interpretation of contractual obligations when faced with unprecedented circumstances that challenged traditional concepts of construction delays and delivery timelines.

[2] The Appellant challenged the Sessions Court 's findings that force majeure excused the developer from liquidated ascertained damages beyond strictly-defined lockdown periods. This presented an opportunity to examine the delicate balance between contractual certainty and commercial reality in extraordinary times.

[3] The issues transcend mere contractual interpretation - they reflect the broader challenge faced by the property development industry during a global pandemic, where construction progress was impacted not just by total lockdowns, but by an array of restrictions and safety measures that fundamentally altered how development projects could proceed.

[4] This Court 's judgment therefore addresses whether the Sessions