[1] Introduction

[1.1] The Defendants were at all material time the registered co-proprietors of all that parcel of land situate at Krokop Road, Miri containing an area of 1,659.0 sq metres and described as Lot 803 Miri Concession Land District (hereinafter referred as "the said land").

[1.2] The Plaintiff and the 1st Defendant has "orally agreed" with each other on matters which leads to the construction of a building on a portion measuring 76' x 95' of the said Land. The terms of the said oral agreement was unclear and infact are in dispute between the Plaintiff and Defendants.

[1.3] The Plaintiff commenced construction of the building on a portion measuring 76' x 95' of the said land at the end of 1991 or early 1992 and the building was completed in November 1993.

[1.4] The Plaintiff commenced his restaurant business under the name and style of "Red Wing Seafood Restaurant" in November 1993.

[1.5] The Miri Municipal Council, took action against the Defendants as registered owner of the said Land in respect of the illegal structures thereon and also action against the Plaintiff for not having a valid licence for the operation of his restaurant business.

[1.6] The Land