Ghazali Cha JC:

[1] The plaintiff's claim in this case is based upon a Sale & Purchase Agreement made between the plaintiff and the defendant on 19 November 2004 ('the said Agreement'). According to the said Agreement, the plaintiff agreed to sell and the defendant agreed to buy the plaintiff's land which has an area of about 5.8274 hectares (or 14.4 acres) and known as Grant No: 101840 Lot 325 Mukim Simpang Kanan in Batu Pahat ('the plaintiff's land').

[2] The defendant is occupying the plaintiff's land but disputing the date when payment of the balance 90% of the purchase price was due to the plaintiff. This dispute arose because this date was to be calculated from the date of delivery of vacant possession of the plaintiff's land to the defendant. The plaintiff had filed an O 14A application with a Certificate of Urgency to seek an early hearing for the said application. The ground given by the plaintiff for using O 14A was that a determination of the construction of the Special Conditions in the said Agreement will finally determine the date of delivery of vacant possession of the plaintiff's land to the defendant as well as the date when payment of the 90% purc