Anand Ponnudurai J:

Introduction

[1] These two claims are by two separate individual purchasers who purchased houses from the same developer Defendant via different Sale and Purchase Agreements (hereinafter referred to as "SPAs") executed on different dates.

[2] As the Plaintiffs were represented by the same set of solicitors and the Defendants are the same and represented by the same set of solicitors, Suit No. PA-22NCVC-9-01/2022 (hereinafter referred to as "Suit No 9") was transferred to be heard together with Suit No PA-22NCVC-8-01/2022 (hereinafter referred to as "Suit No 8"). There is no dispute that pursuant to the SPAs, the Plaintiffs were supposed to receive vacant possession in 2014 and 2016 respectively but the Defendant had failed to do so as per the agreements. However, the main defence of the Defendant is that a landslide had occurred on 5 November 2017 and this has prevented them from delivering the said properties to the Plaintiffs to date.

[3] The Plaintiffs' claims are essentially for specific performance of the SPAs or alternatively damages in lieu of specific performance. The Plaintiffs have also sought a declaration that they are entitled to Liquidated Asce