Mohd Zawawi Salleh JCA:

Introduction

[1] For convenience, in this judgment, we will refer to the parties in the manner they were referred to in the High Court.

[2] There are two interrelated appeals before us, arising from the common judgment of the High Court at Kota Kinabalu, which allowed the plaintiff's claim for:

(i) rescission of the settlement agreements dated 22 December 2006, 14 February 2007 and 4 June 2007;

(ii) transfer of lands held under CL015489040, TL010509065, CL015375505 and CL017544857 to the plaintiff at the defendants' costs and expense;

(iii) repayment of the debt due from the 4th defendant to the plaintiff in the sum of RM52 million less any sums already paid or set off; and

(iv) damages in the sum of RM7,215,231.80.

Background

[3] These cases have had