The Facts

[1] On 18 May 2004, the third appellant (TMI Ventures (M) Sdn Bhd) as the purchaser entered into a sale and purchase agreement (hereinafter referred to as "the said agreement") with several vendors (hereinafter referred to as "the vendors") to purchase parcels of land identified as Lot number 289, Lot number 290, Lot number 291 and Lot number 752. All these Lots were located at Mukim 11, Daerah Barat Daya, Penang (hereinafter referred to as "the said lands"). The said agreement can be seen at p 320 to 334 and at p 311 to 316 of the appeal record at Jilid 2(3). And at p 330 of the appeal record at Jilid 2(3), the purchase price was listed at RM3,883,645.

[2] On 12 May 2004, prior to the execution of the said agreement, the third appellant and the