[1] The Plaintiff instituted two suits against the Defendant to recover the total retention sum of 5.0% (2.5% under each suit) under Contract Agreement dated 3 May 2016 (Exhibit P-1, pages 1 to 10 Bundle F). The two (2) suits instituted by the Plaintiff are set out as below:

(a) Ipoh Sessions Court Civil Suit AA-A52NCVC-24-02/2019 ("Suit 24");

(b) Ipoh Sessions Court Civil Suit AA-A52NCVC-153-09/2019 ("Suit 153").

Suit 24 is in respect of Plaintiff's claim for the first 2.5% retention sum of RM270,701.19 which was due on 14 July 2018.

Suit 153 is in respect of Plaintiff's claim for the other 2.5% retention sum of RM270,701.19 which was due on 14 July 2019.

The Defendant has also instituted a counter claim in Suit 24 against the Plaintiff for failure to complete the rectification of the sewerage reticulation works under agreement dated 28 March 2016 (Exhibit D6, pp 219 to 222 Bundle F).

[2] The cases were heard before Judge Tn Harith Sham with the evidence of PW1, Pla