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2001 MarsdenLR 1711

RAMLY ALI
KC CHAN BROTHERS DEVELOPMENT SDN BHD – Appellant
Versus
TAN KON SENG – Respondent


Advocates:
For the defendant/appellant - AM Sebastian (Bastian Pius Vendargon); M/s Anthony Sebastian & Co
For the plaintiffs/respondents - Francis Tan; M/s Rosni, Francis Tan & Ho

JUDGMENT

Ramly Ali JC:

These are 26 appeals filed by the same appellant/defendant against 26 decisions of the learned magistrate Temerloh made on 29 January 2000 in favour of 26 different respondents/plaintiffs which arose from 26 separate civil suits. The appellant/defendant had filed 26 Appeal Notices on 10 February 2000 and later followed by 26 Memorandum of Appeal in respect of each decision.

Factual Background

All the respondents/plaintiffs were house buyers for low-cost houses built by the appellant/defendant at Taman Seraya, Triang, Pahang Darul Makmur. For that purpose, all the respondents/plaintiffs had entered into their respective agreements with the appellant/defendant. Out of the 26 respondents/plaintiffs, 13 of them were buyers for single-storey low-cost houses while the other 13, were buyers for double-storey low-cost houses. All the respondents/plaintiffs filed their claims separately against the appellant/defendant in the Magistrate Court Temerloh, claiming for compensation on the ground that their houses were not built in accordance with the specifications provided in the approved plans, which were part of the agreements. They claimed that the appellant/defendant

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