[31] Before embarking on the assessment in granting the damages in lieu of specific performance, it is absolutely necessary to have a proper appreciation of the judgment of the learned High Court Judge after the full trial, it is apposite to note that the findings of the learned High Court Judge remain undisturbed and as such is res judicata. The judgment must be taken as the truth of the matter between the parties herein and the Order granted must be adhered to.

[32] It is crystal clear that the 2nd Defendant owns the Land and that the 3rd Defendant bought part of the Land. Consequently, the Plaintiff who has entered into the HKM for the sale and purchase of the Land which is more than what the 3rd Defendant had bought, lost its right to acquire the Land as the agreement fell through. That background facts where the Plaintiff was halted from obtaining the Land can be found in the judgment of the learned