[1] The facts of the case have been well summarised by counsel for the 1st and 2nd defendants in their written submissions and I have adopted them in extenso here.

[2] The plaintiff entered into a concession agreement dated 16 May 1996 with the Government of Malaysia to build, operate and transfer the Ulu Kelang/Ampang-Kuala Lumpur Elevated Highway (AKLEH). The relevant terms of the concession agreement include:

(i) the plaintiff would design, construct, manage and maintain AKLEH;

(ii) the plaintiff was to identify the lands needed for the construction and the government was to make the lands available through acquisition;

(iii) all costs, expenses and charges incurred for the acquisition were to be borne by the plaintiff; and

(iv) the Government of Malaysia would pay up to RM70 million on the plaintiff's behalf for the land costs which the plaintiff would reimburse later.

[3] Two tracts of land belonging to the 1st defendant identified as Lots 39 (Lot Baru 50) and 38 Section 45, Jalan Ampang, Bandar Kuala Lumpur held under Grant NO 27733 and 27736 respectively were compulsorily acquired by the Government of Malaysia for the AKLEH project through the 2nd defendant for the benefit of Lemb