Introduction

[1] This appeal is related to Civil Appeal No: W-02(NCVC)(W)-1846-10- 2014 in which Mentari Sekitar Sdn Bhd is also the appellant. However, the respondents are two different companies which are related. At the outset, it must be observed that both appeals involve similar facts and issues with the appellant and the respondents seeking the same relief in their respective claim and counterclaim save differences such as the respective purchase price and the description of the subject land involved. That being the case, the learned counsel for both parties had agreed to proceed with the present appeal only and that the decision in this appeal would bind the other appeal. The appeal is directed against the decision of the learned trial judge in allowing the respondent's claim against the appellant. The respondent has also filed a cross appeal seeki