JUDGMENT

S Nantha Balan JCA:

Introduction

[1] This is an appeal by Ling Boon Huat (defendant in the High Court). The respondent in the appeal is Ding Toh Biew (plaintiff in the High Court). For convenience, we shall refer to the appellant and respondent as "defendant" and "plaintiff". The defendant's appeal is directed at the decision of the learned Judge of the High Court at Ipoh dated 24 February 2023 in allowing the reliefs sought by the plaintiff per the Originating Summons dated 18 August 2022 ("the OS"). The prayers in the OS read as follows:

1. That either one of the following firms below be appointed to prepare a valuation report to ascertain the market value of the land held under Pajakan Negeri 104836, Lot 34919, Mukim Sitiawan, District Manjung Perak with a postal address at No 31, Taman Ilmu, Sitiawan ("Property") as of the date of this order;

1.1 Messrs Muthu and Lee;

1.2 Messrs Rahim & Co International Sdn Bhd; and

1.3 Messrs JB Jurunilai Bersekutu Sdn Bhd.

2. That the costs/fees of engagement of the Court-appointed valuer to prepare a new valuation report be borne by the defendant;

3. An order that if the Property is valued at a sum higher than RM600,000.00, the differential