Steve Shim J:

There are two applications before me, both by way of originating summons, taken out by the plaintiffs who are husband (in suit 24-384-1997) and wife (in suit 24-385-1997) respectively against the same defendant praying for similar reliefs except for the difference in the amount of refund to be paid by the defendant. The reliefs sought are in respect of a declaration that the respective sale & purchase agreements dated 29 April 1993 between the plaintiffs and defendant had been properly terminated and for the refund of monies paid by the plaintiffs as well as for liquidated damages, interests and costs.

By two separate sale & purchase agreements both 29 April 1993 entered into between the plaintiffs and the defendant, the defendant had agreed to sell two (2) units of condominium known as Parcel No. D-22-5C, storey 22 and Parcel No. D18-8B, storey 18 of Block D, situated at Ampang Hilir Kondominium, Mukim Ampang, Daerah Ulu Langat, Negeri Selangor, to the plaintiffs, subject to the terms and conditions therein. It is the plaintiffs' case that under cl. 22 (1) of the sale & purchase agreements, the defendant was to deliver vacant possession of the two units to