JUDGMENT

Azizan Md Arshad JC:

[Enclosure 27 & 46]

[1] This is an application of Assessment of Damages. This matter was heard on 21 March 2022 whereby this court has dismissed the Appellant / Defendant application [EnclS 27 & 46]. On 20 April 2022 this appeal is filed. Parties are referred to as they were in High court.

[2] The relevant cause papers for this appeal are as follows:

(a) The Notice of Appointment for Assessment of Damages dated 17 March 2020;

(b) The Defendant's Affidavit in Support affirmed on 26 August 2020;

(c) The Plaintiff's Affidavit in Reply affirmed on 4 September 2020;

(d) The Defendant's Corrective Affidavit and Affidavit in Reply affirmed on 15 December 2020;

(e) The Defendant's Additional Affidavit affirmed on 18 December 2020;

(f) The Plaintiff's Additional Affidavit affirmed on 11 January 2021;

(g) The Defendant's Notice of Intention to use affidavit dated 14 January 2022;

(h) The Plaintiff's Notice of Intention to use affidavit dated 28 January 2022;

(i) The & Plaintiff's Supplementary Affidavit affirmed on 26 January 2022;

and

(j) The Defendant's Additional in Reply (2) affirmed on 11 February 2022.

Background Facts

[3] The Plaintiff is the vendor in a sale and purchase