JUDGMENTS

Azimah Omar J:

(ENCLOSURE 119 - ASSESSMENT OF DAMAGES)

A. Introduction

[1] This is an Appeal filed by the Plaintiff against this Court's award of damages following an assessment of damages carried out on 28 June 2021.

B. The Background Facts

[2] To have a better understanding and to fully appraise the issues relating to the award of damages, it is necessary for this Court to set out the factual background of this case which has led to the assessment of damages. The facts are as follows:

2.1 The Plaintiff (Lim Chong Yean) had filed a writ action against the 1st Defendant (Koperasi Pegawai Hutan Melayu) and the 2nd Defendant (Khong Yoke Bee) claiming inter alia; for specific Performance of a Sale And Purchase Agreement ("SPA 2006") dated 7 November 2006 between the 1st Defendant as the seller and the Plaintiff as the purchaser of a property held under PN 29830, Lot No 45478, Mukim Batu, Daerah Kuala Lumpur, Negeri Wilayah Persekutuan ("the said Property") at the purchase price of RM650,000.00.

2.2 Pursuant to the SPA 2006, the Plaintiff had paid a deposit of RM65,000.00 to the 1st Defendant which was 10% of the purchase price.

2.3 It was a term and condition of the SPA 2006 that the